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  • anilsal
    03-17 12:54 PM
    (I am not an attorney)


    File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR. I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA? (http://bit.ly/dophyK)
    File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.

    I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.

    NOTE: It seems for EB1-OR, the applicant has be in tenure or tenure-track position if working for an University.





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  • chanduv23
    06-16 07:53 AM
    Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...

    when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)

    so what is pre adjucted.......:rolleyes:

    I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"





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  • uma001
    04-22 03:38 PM
    Thanks a lot for the response.

    My extension got approved for 3 years without any RFE in 3 business days.
    Here are the details...

    Processing Type: Premium Processing
    Receipt Number: EAC-XX-XXX-XXXXX
    Applied for : 3 years(Based on Approved I-140)
    Approved for : 3 years(2010 to 2013)
    Fedex date: 04/08/2010
    Receipt Notice Date: 04/12/2010
    RFE Date: N/A(No RFE)
    RFE Responded Date: N/A
    Status: Approved
    Approved Date: 04/15/2010

    Model :Employer(Desi Consulting)--> Vendor--> Client
    Submitted all docs which I have mentioned in the beginning of this thread/topic.

    Again submitted client & vendor letter without end dates. Also just submitted
    contract papers between employer & vendor, had not submitted any purchase/work order.

    Regards.


    Congrats hpk. Looks like USCIS started giving approvals for 3 years instead of 1 year





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  • EndlessWait
    05-24 01:56 PM
    i suggested this idea to IV few times.. The only way ppl seem to get attention here is when you show unity and boycott.

    But quite honestly, the way Indians are, its hard to get them together. We have never been able to unite desis on any issue since independence ;)



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  • chanduv23
    05-04 04:49 PM
    Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif

    I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.

    We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.

    Depends on what is in the denial letter. Usually such things need an experienced Attorney to handle MTR.

    MTR has few choices and Attorneys pick the choice based what they want to do to open up ur case. Remember, if u check the wrong box, your MTR may go to appeals office.

    The first step however is to get the denial letter in hand, and then talk to an experienced Attorney to handle ur case.





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  • burnt
    04-07 02:57 PM
    Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.

    Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).

    OR should I just say quiet and forget about this mistake?

    Gurus- Please Help



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  • statuslaw
    01-22 05:41 PM
    Hello experts,

    I had my h1-b interview in Toronto on January 4, 2008 and got 221g yellow for administrative review. I called DOS one week ago for processing status and was told that name check is on pending. I called DOS today and was told that security check is on pending. Could you please let me know usually how many checks the DOS will do? How long the security will be done?

    Thanks!





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  • santosh19
    10-09 06:25 PM
    Got to the forums menu and select I-485 reciept tracker and you will find that you are not the only one sailing. There are bunch of July 2nd filers who have not got their reciepts yet to start with. I am one among them . Filed on July 2nd no activity yet, no checks cashed .



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  • viswanadh73
    01-29 01:14 PM
    I applied PIO card for my new born daughter in Dec 1st week and i got exactly in 2 weeks. this is from Newyork consulate.

    yes Minor children are not eligible for OCI if both parents are having indian passport.they have to wait untill they are 18. it is clearly mentioned in the consulate websites.





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  • krishnam70
    02-20 07:55 PM
    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers

    You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.

    Consult your attorney immediately and do the needful

    good luck
    kris



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  • virtual55
    07-29 03:28 PM
    In Texas Service Center, they are not processing I-140 cases filed in the month July end and August. They kept the side. God knows about their future. But they are processing 2008 April and may cases also.


    Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.

    It is not fair.


    This is true, they are not processing I-140's filed during July 2007,Aug 2007,June 2007 time period. USCIS has become another backlog center and no FIFO. I hope IV leaders are bringing this issue in their meetings with USCIS.





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  • GCapplicant
    02-01 07:57 PM
    We had a similar problem during Dec 06 - Our bill came around 400 ...We reside in NJ...

    We were surprised because we spent almost 20 days in Florida.

    when we called our provider there wasn't much help ,they never accepted that it was a fault.

    I immediately took a picture of my reading from the meter ,and gave copies to them and old bills of the last two years winter.

    Then thet agreed not to charge for three months.

    So check your meter...and previous bills usage ...for comparison...

    But where were you at a stretch all those months??



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  • nashorn
    08-12 03:14 PM
    Who told you they process around 4500 application per day at NSC, or you just figured it out all by yourself? I'd love to konw your source, or how you did it.

    i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.

    anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.





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  • vulcanfly
    07-19 10:12 PM
    So we can transfer our H1's but can we still have our 485 applications pending



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  • NKR
    10-28 02:27 PM
    This is the first time I came across.

    Yep, when I asked God for GC, he gave me USCIS...





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  • rahulpatel
    08-14 04:26 PM
    Guys, thanks very much for your kind advices, but I already took the sufficient steps to ensure my H1 safety.
    The only thing I am concerned here, is in regards my money--it being hard earned (it is not smaller amount, but nearly 8K!), and my chances of winning my case with DOL/Courts.
    I already threatened my employer with the DOL/Court claim, but the guy may be over-stupid or over-reckless, he is just not bothering about this issue. So i want to really know what my chances are, on winning it? Because even if a paper asks me to wait for vendor pay, it can never mean months and years long,.... can it????



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  • yabadaba
    06-26 08:24 PM
    ^^^^





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  • razis123
    06-02 04:34 PM
    Hi,
    I am ready to send my EAD/AP renewal forms - not sure where to send is it NSC or TSC. My I485 is currently pending at TSC. All my previous applications have receipt numbers starting with SRC.

    My lawyer (actually para-legal) mentioned that she will send them to NSC - I am not sure since she screwed it up once before.

    Please let me know if we have to send EAD/AP renewals to same service center where our I-485 is currently pending or it does not matter.

    Thanks a lot.
    - nk

    I am in a similar situation.Somebody please give advice on this
    Thanks in advance





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  • meridiani.planum
    04-17 02:11 AM
    Hi

    I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.

    I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.

    my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.

    I will appreciate advise from any one who has gone through this similar situation.

    AC-21 for LC subsitution is same as AC-21 for non-substitution cases. same rules, requirements and regulations apply.





    Raju
    07-04 09:32 PM
    My state in four lines

    1) Came to US on F-1 Visa, never completed my masters

    2) Shifted to H-1B and i have been with the same client and havent been to India for four years.

    3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.

    4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping

    But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.

    But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.

    I had so many hoped on the current numbers . Any idea guys what can i do?
    Dont panick man. Your should not have a problem with H1 stamping!





    harrydr
    06-29 06:32 PM
    Hello,
    Forum Gurus, i have a basic question. Currently i'm employed by a corporation and working full time for them under H1B. Now, i want to work for additional company as part time (approx. 20 hrs/week). This company cannot give me cash but only check. Is it possible to file additional H1B just for this company and start working for them under this new H1B?

    My current status is: H1B approved with current company and I-140 approved.

    Also, if the answer to my question above is yes, then could this affect my current H1B and approved I-140 in any ways. Thanks in advance.