Thursday, June 23, 2011

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  • gc_kaavaali
    11-21 10:01 PM
    Happy Thanksgiving to all IV members.





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  • chantu
    12-06 10:46 AM
    I think, if you don't have labor doc, you can go to FLCDataCenter.com (http://www.flcdatacenter.com/) and search for MS Access document for the year when you file for the labor. If you have the number from the LC doc, search for that number in the access file and you will find the details of your case.





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  • martinvisalaw
    09-27 06:12 PM
    Hi above is an update from this end. I do have one more question though. My wife was not given an I-94 when she entered using TL instead her passport was stamped with the arrival date and initials "LPr". I am getting ready to apply for a new AP for us what should I write as her "Class of Admission"? Also do you foresee any issues with the AP renewal since I cannot send them a copy of an I-94?

    CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.





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  • snathan
    01-22 06:11 PM
    Yes, ICICI bank do not allow more than 4 part pre-payments in a year. I am not sure if it is a calendar year. You can ask ICICI for the part pre-payment terms. When I inquired, they sent me a PDF file.

    I had this issue because I wanted to pay-off my loan to avoid the increasing interest rate. Mine was floating. The officer who sold me the loan gave some misguiding concept "interest rate will go down when the economy is booming". But the reverse happened after I took the loan. I had a floating rate of 7% in Sept 2004. But within a year and half it almost crossed 12.5%.

    I will try to find the email that ICICI sent regarding the part pre-payments terms.

    Normally when the economy is booming, inflation will go up and central bank will increase the interest rate to contain that. The opposite will happen when the economy is going down



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  • Googler
    02-20 09:58 PM
    Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.

    Yes, and that issue has been acknowledged by every version of the CIR bill -- EB-1's annual limit was reduced, and EB-3's was increased. Never mind that they also sometimes reduced EB-2's annual limit when STEM exemptions were included in the bill.





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  • srkamath
    06-28 05:46 PM
    very useful perspectives from other organizations - thanks pappu... this election season will be very interesting.... i hope more rational.



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  • sonu9
    07-31 12:33 AM
    any suggestion from others





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  • vinzak
    06-16 12:10 PM
    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.



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  • harryom
    03-24 03:47 PM
    I just got me H1B approval Notice and copy of I-129 petition. There is nothing wrong with approval but I notice few things and have few concerns/questions to the group if some one had similar experience in the past:
    1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
    2. My Alien number does not show up in 797A approval notice as I have pending 485.
    3. The I-94# on passport card does not match with the one on new approval notice.

    Now My questions is :

    Do I need to get this passport#(1) typo fixed now or its ok?

    Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
    Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?

    All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.

    Any suggestions/experience are apreciated.

    Thanks

    PD Sept 2004
    I-485 pending
    I-140 pending
    EAD pending
    AP approved





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  • iluvgc
    08-28 03:18 PM
    Dint know if i could post it, as its internal mail, thats y i removed it. Sorry abt confusion.

    internal for who do u work DOS/USCIS u jerk



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  • seebi
    03-14 01:10 AM
    http://www.murthy.com/mb_pdf/030609_P.html

    See under Improper Denials of I-485 AOS on Priority Date Issue
    I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.





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  • GCSOON-Ihope
    10-17 03:26 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.

    They usually initiate the name check process shortly after filing I-485.
    Since yours was filed a year ago, then of course it would be very interesting to know your status regarding the damn name check, retrogression or not.
    However, this info is not always easy to get. You might try several ways: call Customer service, make Infopass appointment...In the ultimate case, you will have to ask your Congressman to inquire for you...
    I personaly e-mailed USCIS California Center (CSC-XII.485@dhs.gov). What's really weird is that the first two times they responded within a week but the third time, when I "naively" asked if they could expedite that name check, the reply was an automated message:
    "we no longer reply to e-mails, for all inquiries call Customer service bla bla bla..."!!!
    I suppose I was just lucky the first times! The third time maybe they just got fed up with my "stupid" questions??!!:confused:



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  • no_more_anger
    02-06 05:46 PM
    > If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    No. That is incorrect. A manager is responsible for managing people (besides other
    duties). That is a totally different job description and different category for labor.

    Some useful info:
    * If you are on H1 and job description changes (like u become a manager), H1
    amendmend MUST be filed.
    * If you are using EAD, then company doesn't need to file anything. If a RFE comes,
    you are required to show proof of job position with job description corresponding to
    that of approved labor. If your company is ready to do that (or u can get that somehow),
    you are good.
    * If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
    * Lastly, I know people in many companies where for HR purposes they are still a
    developer (or whatever) and for real, they perform totally different job functions (like
    marketing). If your company allows this, then it's an option (not legal, but practiced ).

    Disclaimer: I am not a lawyer.





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  • RollingStone12
    04-25 02:48 PM
    SURE I WILL GO BACK NO PROBLEM AND TAKE ALL THE MONEY I EARNED WHILE LIVING HERE.......OH BTW I am a AMERICAN CITIZEN...LOL !

    Take whatever Sh&*t you want...dont forget your son.

    BTW its not 'a' American and its 'an' American.

    Big LOL :)

    P.S: Dont tell your son you have money...:)



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  • quizzer
    11-09 12:30 PM
    Hi all,
    Recently I recieved a RFE on ability to pay regarding my I-140.
    I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
    Please suggest me any options that I can do


    Can you tell me ur category (EB2 or EB3) and RFE received date?





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  • StuckInTheMuck
    08-12 08:27 PM
    If you e-file EAD renewal, you will get FP notice. To avoid it, paper-file your renewal.



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  • neoklaus
    11-16 05:19 PM
    One friend of mine get his GC in the end of September/07 after filing AOS concurrently with I 140 in a middle of June 2007! His PD was Aug.2004(EB3-ROW)





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  • nkavjs
    09-25 11:47 AM
    Hello.

    I was reading one of the old postings mentioning someone's wife wanting to move from H1 to EAD and a new baby. I am in the same situation and donot know anything pertaining to legal requirement of working specific requirements working with sponsoring employer for specific numbers of hours to keep the EAD status on.

    - Currently I (primary) am on H1B working 30 hrs per week as a full-timer. I want to step down to EAD status and just work may be 10 hrs per week or weeks as floater.
    - What are the legal hassles am I looking for GC processing if I only work few miniumu hrs on EAD for the sponsor.
    - Possibly can I work 2 part-time jobs at same position with diff. employer on EAD? Will USCIS have trouble with me at the time of EAD renewal.

    EB3- India July 003
    I-140 approved
    485 pending
    AP and EAD approved. till 2010


    Please advise me
    Thanks a lot
    nkavjs





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  • akhilmahajan
    04-13 01:35 PM
    AFAIK, for summer the courses can be part time. This was the case back in 2001 when i went for my masters.

    Please check this with the school and your wife can take one evening class and be enrolled for atleast 3-4 months and move on to the F-1 Visa. Community college will be a good place to start, as she will not be spending a lot of money also.

    I hope this helps. All the best.

    GO I/WE GO. TOGETHER WE CAN.





    dealsnet
    12-05 04:43 PM
    Green card will be giving for the people can help USA by serving army as doctors, nurses, transilators etc. Requirement is 2 year legal stay in USA.
    See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting





    abhay
    01-19 09:40 PM
    Hi All

    Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
    "On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."

    My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+

    "Status of this service request is:

    The TSC has not received your response as of to date.

    XM271"

    I panicked and wrote an email to my lawyer and he said that
    They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."

    I am going to contact my employer and express my concerns and see what they can do.

    My questions are
    Does the online status never get updated sometimes?
    Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
    Any suggestion for me how to proceed with this?
    How do I get the online status changed?

    Thanks for all your help.

    Regards
    Abhay



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