ell & nikki running scared

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  • reddy77
    04-13 02:36 PM
    So did you answer the RFE ? ....

    Thanks Guys ..... Nah, I am still waiting for that, will update you once I got it ....





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  • glus
    05-31 10:37 AM
    Thank you once again for contributing guys. We will achieve our success very soon.

    :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D





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  • FredG
    April 17th, 2004, 08:15 PM
    Sounds like a soap opera to me. :rolleyes:
    Fred





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  • reddy_h
    01-07 10:38 PM
    You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.



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  • lotsofspace
    02-14 12:54 AM
    Find yourself chocked up with G.C delay ? find your voice here.
    - Immigration voice





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  • eb2_hope
    08-08 09:20 AM
    Friends , Just wanted to let you know that Infopass at Detroit local office is total waste of time. Today morning I had infopass appointment ( EB2-I 2004 ) .IO officer told us that they are not allowed to give any information regarding name check due to security reasons. Also IO told us that 1-800 number CR are trying to get rid of us hence they send us to Infopass at local office but local office has got instructions not to reveal any information about I-485 employment based cases.

    So much for transparent and fair law in USA and american dream ..:mad::mad::mad:



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  • gc4me
    01-17 01:52 PM
    What documents do we need to provide the US Embassy/Consulate to issue a birth certificate. Please reply.
    Go ahead and apply for a birth certificate from your nearest US Embassy/Consulate.

    You will need one anyway when you do file I 485 or CP so might as well keep it ready now.





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  • Texascitypaul
    02-23 08:33 AM
    I am a UK citizen i came to the US in 2008 (aug) when i married my USC wife,i then returned to the UK until Dec 2008 and have been in the US since under VWP,my i94 ran out in march 2009.

    I am aware of the "right" way things should have been done, but here i am illegal still with my wife and children (she has 4) i need to try and salvage something out of this meaning i just want to live normal with my family work just like a regular guy get a driving license etc.

    Now i have a clean background check from the UK..1 down many to go isuspect...my wife having 4 children would never have been able to prove affit david of support least not on paper (she is a student and graduates as a RN in may of this year) at which point she would be able to earn enough to do this.

    Through all this we have managed to survive as a family its hard with only one working but we get help from her parents and family.

    $64,000000 question what should i do?

    Thankyou for reading

    Paul



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  • Ell/Nikki - Running Scared



  • chanduv23
    05-21 06:23 AM
    We were driving on i 87 in between Albany and Montreal where they set up a temporary post on the highway and checking every passing vehicle.

    The broder security officials asked us for our passport and work authorization and we did not have them with us.

    They made us sit for sometime while they verified our valid status and then something funny happened.

    My wife's h1b is valid from June 2006 to June 2009 and the status check yielded it well.

    Mine, it said Valid status from May 2000 to October 2002. This was exactly the status on my first h1b. So they tried to grill me as to what I am doing in the country after my valid status is over.

    I explained to them about h1b transfer .... and how I still maintain status and then they said they can look me up by petitioner's name. When they did that, they found my current record.

    Then they advised that we carry documents all times as they are trying to catch illegal immigrants.

    So in general, please carry your documents if you plan to go for long drives or fly.





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  • Dhundhun
    08-29 03:44 PM
    ...they want to distribute them judiciously.


    USCIS ... judiciously???

    LOL



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  • gcpool
    07-08 12:43 PM
    Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.


    When the papers are prepared, attorney will send it to the candidate to review and sign it. Dint you find the flaws then? if not, then it is your mistake and the attorney will bill you for sure.

    My attorney sent a draft from for me to fill it out. I filled it in and sent it back to him. He filled the original seeing the information from the draft with lots of mistakes. Then he sent the filled original to me. I have to review it again and fix all the errors. Then he corrected it and sent it back to me. Then again I have to review and sign. So the responsibility lies on me and not with Attorney.





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  • k_sing
    09-19 01:00 AM
    Unfortunately Bitu72 did not have answer to my specific question, so the question is still Open.
    Any appropriate response is much appreciated !



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  • gv007
    06-19 06:28 PM
    Im still stuck neck deep in the PBEC quagmire.
    for PBEC - What numbers are you guys calling ?

    GA RIR
    PD - Oct 2003
    NOF - received March,
    NOF - PBEC received April 2
    still IN PROCESS


    My HR called DBEC to get the final status of LC. They replied that "notice of forward" had been issued and since there is no query from that position. They have asked my Hr to call in 15 days to hear the final status.

    Have you guys heard anything like "notice of forward"( it was something like this)...

    These LC people in dallas are killing me..!


    DB





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  • sledge_hammer
    06-02 11:53 AM
    It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.

    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.



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  • gnutin
    06-10 02:36 PM
    Thanks for your immediate response, gnutin and thomachan72.

    Mr.gnutin,

    Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

    As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

    1. If my labor from my previous employer (A) is approved (which in my case)
    2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

    Thanks and Regards,

    H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.





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  • chanduv23
    03-09 02:40 PM
    In similar context I have a few questions...

    The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
    Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.

    As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward



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  • JazzByTheBay
    08-15 03:23 PM
    Guess the TSC filers are in great shape... ! Unfortunately, no light for TSC -> CSC -> NSC transfer cases yet.

    Enjoy the weekend! :)

    jazz

    I had these in another thread but roughly
    PD May 2006
    RD 8/2/2007
    ND 9/27/2007

    TSC. Got the CPO email on 8/7/08. Then welcome email 8/8/08, approval notice 8/12/08. Received approval notice yesterday, cards this morning. Great start to a weekend.

    Good luck to all!!





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  • martinvisalaw
    11-25 01:10 PM
    I can't really answer your question without more details, but here are some factors to consider:

    1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.

    2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.

    I hope this helps.





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  • reddymjm
    03-06 01:09 PM
    I received the letter yesterday but its at home. Wont have access to a Fax machine over the weekend - so, any email address where it can be scanned and sent?

    Please provide a email id.





    bibhudc
    08-21 04:39 PM
    Thanks for your replies. The additional thread did throw some light.

    Is there any statistic (or guess-timates) for how many people are waiting for their green cards ? by nationality, EB category, Priority Month etc.





    chanduv23
    03-14 12:07 PM
    Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.

    HISTORICAL BACKGROUND OF RETROGRESSION

    Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

    PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

    Employment-Based First Preference / EB1

    Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

    Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

    This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    Double Dipping

    Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

    CONCLUSION

    We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.

    This trickling effect was already discussed. It is from murthy.com .



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