Friday, June 24, 2011

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  • gc_chahiye
    11-09 01:10 AM
    According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is


    June filers 75k
    July - 25k
    August 200k
    Sept 150k
    Oct 50K

    Total = 500k

    http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf

    why more filers in Sept than June? I thought most PDs were better in June than in Sept...




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  • reno_john
    06-22 11:42 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present


    U may get a RFE for TB skin test and skin test does not take more than 2 days.




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  • morchu
    08-01 12:09 AM
    There is nothing complicated here.

    Put your wifes status as of the 485 filing date. Means if you are filing in July/August this will be H4.

    You can travel in H4. Also no problem in changing status to H1 after october 1st. (She have an H1 approval doesnt mean she is NOW in H1 status. Her change of status is approved from Oct 1st). Please remember that if she doesnt start working in H1 on October 1st, technically, she will Neither be in H1 / H4 status on October 1st. Means she might fall under "adjustee" status.

    Assuming that your wife starts in H1 status from Oct 1st, there is no problem in travelling in H1. (she might need to get an H1 visa stamp though).

    The other option is she can fall under adjustee status and travel in AP, work in EAD.

    Also after 485 approval H4 status doesnt get "illegal" it just gets adjusted.
    (Well...... nobody can have two statuses at the same time anyway).


    Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.




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  • mambarg
    08-05 06:13 PM
    With 700K predicted applications pending From July ,
    Was just wondering what will be long term effects.
    Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
    Now coming July which is 6 months prior to expiry of 1st EAD.
    There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?

    It is like any surge in electric voltage generally blows away the device.
    I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
    I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
    Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??

    What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?



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  • psk79
    10-15 01:10 PM
    Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.




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  • BPforGC
    10-16 03:21 PM
    It really depends on the situation. When your pay stub comes from a different state and your employer is in a different state, your H1B is transferred to a different employer than someone who originally filed your I-140... changing employers... using EAD for a different job than what you claimed in your labor... can amount to more scrutiny. Before you get your green card, they want to make sure you still work in the same area or job that you claimed in your I-140. Hence, big shifts in profile should be avoided.

    H1B renewal with same employer, EAD using for identical job with a different employer, AP shouldn't be a problem since some of them are typically considered interim immigration benefits.



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  • sc3
    07-12 08:08 PM
    It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?


    And what is your argument for the numbers to be 40000 or 240000? Everyone will be dissatisfied with whatever number that is alloted (how did they reach 65 for H1B, or how did they decide on 195000 for a few years).

    Also there is no discrimination against "only 4 countries", there is a cap on any country taking more than 7% of the visa numbers (ok, I will not go whether such a cap is warranted), which was set way too long ago.

    When you throw the "D" word, make sure you have the facts right. We all are frustrated, but it not an excuse for us to throw baseless accusations.

    No I am not a USGOV stooge, I am another legal immigrant waiting -- for long enough time -- for his turn.




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  • akhilmahajan
    11-14 09:01 PM
    ^^^^^^^^^^^^^^ Bump ^^^^^^^^^^^^^^



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  • kola
    05-08 01:09 PM
    Thanks every one.I have to just wait and see how my 140 goes




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  • agc2005
    12-25 03:48 PM
    For me It took about 5 weeks. I think it may take about 30 to 90 days.



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  • pd_recapturing
    08-22 03:47 PM
    Ruchigup, Are you sending AC21 document? I am also leaving my current employer and taking AC21 route. I am retaining my lawyer. He is supportive and hopefully, will not ask retainer fee as he knows that i paid all my gc cost.
    Can you please share your AC21 experience so far ? Is your new job exactly similar ?




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  • dallasmbs
    07-14 11:03 PM
    From Dallas , will join



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  • gc_dedo
    01-27 03:34 PM
    Sorry for the stupid question.
    Is it necessary to inform CIS about job change using AC21?
    Few of my friends havent informed.




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  • Hydra
    09-07 03:53 AM
    Sorry people...but when other stamp are insert in the vote list ?



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  • phillyag
    05-30 04:43 PM
    2. I140 receipt
    3. I485 receipt


    Would photocopies do for the above 2 docs ?




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  • NKR
    10-13 04:18 PM
    Next time I'm thinking of going Tarzan style....

    They take only finger prints.. ;)



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  • validIV
    03-19 01:40 PM
    The American Competitiveness in the Twenty-First Century Act (AC21) removed the
    per-country limit in any calendar quarter in which overall applicant
    demand for Employment-based visa numbers is less than the total of
    such numbers available.

    Why remove the cap when the demand is less? Shouldnt it be the other way around?




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  • GC08
    07-08 08:07 PM
    None... as I did not seem to see anywhere in the filing instruction that W2 is needed... unless there is some change. Who knows nowadays...;)




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  • deepimpact
    09-22 08:20 PM
    Next thing....H1 program only once in 3 years or only when "needed".....
    Cut the number of GCs by half...So that people will go back to their origin when their H1 expires.....
    Attach huge price tag to GC... and...

    Well, the message is clear...Isn't it?

    Well instead of going back after H1 expires, the people can chose to be illegals. Then their Kids will get GC under the DREAM ACT.:D




    IAF
    02-01 08:12 AM
    Congratulations!




    mhtanim
    10-08 06:13 PM
    Interesting question! Logically, as soon as a H4 holder starts using EAD the H4 becomes invalid. As long as the primary is in valid H1B status, the dependent should be able get back to H4 status even if the 485 is denied.

    However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?



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