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Thursday, June 30, 2011

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  • ravageguy1
    05-13 09:53 PM
    Thanks for your reply. I am waiting on the RFE to be received to see the content of it. I am hoping they will provide new deadline. Any ideas avoiding out of status is appreciated.

    Thanks again,
    Raj





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  • dehradoon
    06-14 07:32 PM
    This move in visa number is dramatic and not to mention scary. It also has the hint that dates will retrogress in FY2008, there is no way that everyone will be processed by the end of this year.

    If I were you I would keep the earliest priority date and not worry about the category its in, but then its just me and my choice :). You can judge yourself.





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  • rsayed
    01-29 04:14 PM
    I was in a similar situation back in 2000. The difference (in my case) was I entered 2 weeks later than the date mentioned on my I-20.

    I took the chance and applied for re-instatement - at that time, I think it cost me $175.

    I got my application approved in 28 days...!

    Good Luck 'n don't be skeptical. Just apply to be re-instated and you will be fine!!!

    ~R





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  • chris82
    05-28 12:45 PM
    Hello,

    I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.

    Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?

    1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?

    2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?



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  • mrajatish
    08-08 12:33 PM
    On a different note, how many labor applications does each one of the applicants in BEC have? Among the 250,000 applications still pending in BEC, how many are applications that still have a legitimate benefactor? For example, in your case, it is pretty evident that you are likely going to use the other company's labor, but what happens to the labor you filed from your current company? If this labor is used for sub, then thee is another legitimate applicant who is being denied the opportunity to file 485 by some one who will use this date.

    I think this issue is equally important in solving retrogression.





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  • franklin
    06-26 02:56 AM
    I think it is apparent that people on this forum are frustrated with media representation and lack of understanding of the problems that our group, and those that we represent, face.

    Without wishing to get into general political debates, it is probably a fair assumption that American citizens who are actively part of grassroots activism would be concerned about our situation if they knew about it.

    There is a voice in numbers, and I believe it might be a good idea to reach out to organizations such as www.indymedia.com (http://www.indymedia.org/en/index.shtml). This is a main hub, there are various regional versions of the organization.

    Just another thought on how to publicize our issues.



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  • sodh
    07-27 06:45 PM
    So we need to choose local lawyers only? we don't have any options to Non-Local(Other State) lawyers?
    This is I am assuming you have given USCIS your NJ address, every Lawyer has to have License in the State he practices, if your CA Lawyer has a License to practice in NJ you can always call him to represent you. If this helps.





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  • GC_LOOKIN
    12-10 10:03 PM
    Hello Gurus,
    I have filed my I485 on July2nd 2007 at NSC , my priority date is June2004 EB3 category.I recently saw 3 LUD's within 1 week timeframe. Is this a good thing or bad thing?? did this happen to anyone?
    Appreciate your response.



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  • Blog Feeds
    06-24 04:30 PM
    http://www.californiaimmigrationlawyerblog.com/tatoo.jpg

    Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS field office in Sacramento (https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=SAC&OfficeLocator.office_type=LO&OfficeLocator.statecode=CA) includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.

    It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tatoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association�s (�AILA (http://www.aila.org/)�) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:

    Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant�s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9b60c646835045a30ceca097f0ca1 ba3). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.




    More... (http://www.californiaimmigrationlawyerblog.com/2009/06/it_only_takes_a_tatoo.html)





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  • prav27
    08-27 11:49 AM
    I just got off the phone with a second level rep at USCIS and am getting really confused with their mixed messaged. before i push any panic buttons can some one please let me know if they had any conversations with the idiotic bunch at uscis and share your conversations with regards to the visa availability for next month. this idiot states that vsc just oversubscribed and that it could be that there wont be any movement on the cases. all this over enthusiasm for nothing - that would really infuriate me. there is a limit to the fuss they can cause and play with emotions.

    Did he say vsc(vermont service center) ?
    is vsc still processing 485 cases?



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  • doomdoom
    08-24 11:46 PM
    Thanks,





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  • msadiqali
    01-07 08:22 PM
    Any help guys?



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  • tnite
    01-03 10:31 AM
    I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?

    Thanks

    Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.

    But if you use your EAD it doesnt matter. You dont have to worry about the 3months.





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  • ajju
    09-07 12:29 PM
    JazzByTheBay,

    good ones... I repped you for this effort...



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  • indianabacklog
    02-26 09:57 PM
    Hello,This is my first time here.
    I am graduated F-1 students and now working in my OPT period
    OPT valid 4/1/2008-3/31/2009.

    I am gonna send application for H-1b on 4/1/2009.
    If H-1b approved in April or May 2009.

    My Questions are:
    Can i work and stay in US during 4/1/2009-5/31 ?
    ( what is my status,OPT expired on 3/31/2009,H-1B not approved)

    Can i work and stay in US druing 6/1/2009-10/1/2009
    (What is my status?)

    Thank you !

    You cannot work beyond the last day of your OPT work authorization.

    You say you are going to apply for an H1. This can only be done by an employer who has already fulfilled a labor conditions application on your behalf.

    Once your OPT finishes you cannot just stay in the US to wait and see what happens. You will need to leave and if your visa application is approved you can get a visa stamp at your local US consulate and enter the US again within two weeks of your first date of employment which cannot be before October 1st 2009.





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  • arc
    02-09 08:46 PM
    Call or Visit your nearest Indian Embassy they should have information on their web site, they usualy take a week and charge 40$.

    I did it 1 year back I remember the procedure was real straight forward in San Fancisco.

    good luck,



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  • maheshf
    03-23 11:49 AM
    Bump





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  • harshailan
    07-31 05:34 PM
    All the cases filed in feb 2007 and sent to nebraska are still pending including mine. Some cases filed in feb in texas center have been processed.

    Don't worry you need to wait atleast few more months for them to start looking at your application.

    check the processing times here

    https://egov.uscis.gov/cris/jsps/ptimes.jsp





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  • gene77
    07-01 11:52 PM
    Ok Guys enough "PREDECTIONS" now go to bed.

    Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.

    Go to sleep and remember that we DO have day jobs.

    Thanks eb3_nepa, I agree.





    Blog Feeds
    05-12 05:20 PM
    The H-2B visa program is vital to America�s small businesses and thus to America�s economic recovery. The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons. Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.

    Small and seasonal businesses hire American workers and they do hire every qualified
    American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.

    Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.

    Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.

    RELIEF NEEDED:

    � An H-2B visa returning worker extension will go a long way in helping small and
    seasonal businesses survive in the short term. The extension would provide
    emergency relief by exempting from the cap H-2B returning workers who already
    have successfully participated in the program in one of the previous 3 years.
    � Without Congressional relief soon, many U.S. businesses will be forced to limit their
    services or close their doors permanently rather than be a part of the economic
    recovery.

    CURRENT LEGISLATION:

    � H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
    Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
    Act of 2009 (H.R. 1136/S. 388).



    More... (http://www.visalawyerblog.com/2009/05/h2b_visas_why_reform_is_badly.html)





    axp817
    06-27 10:04 PM
    Isn't it a violation of the law, if NO reason is given while denying the 485?

    The only recent case I have seen on IV was where the member got a NOID stating that the 140 was withdrawn/revoked.

    So, here, a reason WAS given.

    Of course, the reason might have been incorrect, as the poster seemed to think.