Friday, June 17, 2011

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  • braindrain
    06-09 09:17 AM
    Folks

    Wanted to ask if the sporadic reports one hears of unexpected delays in H1B stamping at US consulates in India due to "security checks" (link to NPR story (http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/)) are becoming more the norm rather than the exception. Any ideas?

    Should then one consider using their AP instead?

    Cheers.

    neverbefore

    I had been for the stamping in May'09 and did not have any issues. Received passport in 2 days and no issues at POE(JFK)...





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  • baba84
    04-30 11:38 AM
    We are a small group, and most of our provisions are reasonable, and hopefully we can get our provisions passed. I wish the same for the undocumented too. If it happens in one bill all the better!





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  • rocky74
    07-20 10:33 AM
    I applied for my labor in July and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.





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  • Brightsider
    11-16 03:31 PM
    Guys,

    Am trying to find out the relevant parts of HR 2892 that extends that benefit to EB cases.
    Havent been able to find it?

    Apart from Shusterman's commentary, I havent seen anything about the extension of benefits of the 'widow's penalty' to EB cases.

    Maybe I am not looking at the right doc.
    But those of you who have been able to see it in the statute/law, could you please point it out .....by sending the url, or noting the section/article of the law or any other way.

    Many thanks



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  • desi3933
    08-21 11:44 AM
    I know people might have answered this before. So, sorry for any redundancy. I have a query. If I travel outside of US on my valid H1B visa and when I am out of US, my 485 gets approved. What happens then? Say, I do not have AP with me. Will I have problems entering the US?

    You can enter on H1 on "deferred inspection" status. Google for deferred inspection for more details.





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  • xbohdpukc
    03-15 05:17 PM
    As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.

    As per Adjudicator's Field Manual:

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.

    The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.

    You can always hope for the best and get ready for the worst.



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  • eb3retro
    06-09 08:37 AM
    Hi all,

    I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .

    I have applied and got a new passport .

    I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.

    I am leaving 3july next month...what need to be done....i dont even have a VISA.

    And what needs to be done for B1 VISA.

    I emailed the chennai US embassy but couldnt get any reply............



    PLEAASE...HELP:(:confused:

    is this in dallas or houston?





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  • vjkypally
    07-26 02:09 PM
    This is not good news for us. The recaptured visas will go towards nurses and none from us wil benefit.We need to shout out loud.



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  • phigi
    11-19 11:13 AM
    you should ask the SSA office to accept the application and send it to DC for verification (manual process). They have that option available.
    i think you should do that, since there would be no point in waiting if you have to do this after Dec 31 due to some technical error.
    Also, the person can work without an SSN. it's not mandatory to have SSN to get paid.





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  • msp1976
    02-09 12:52 PM
    With some irony, I spent a chunk of time searching last night for associations in the states that are from my nationality background (don't hate me, I'm English). All I could find are associations regarding livestock (cows) and golf.... Gotta dig deeper!
    In fact there is http://www.britsintheus.com
    I was looking for some information about H1 extension and I had found it there...that was long time back....before I found rajiv khanna's site...



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  • bigtiger
    06-30 05:33 PM
    Hi All,

    By reading the AILF pdf:

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

    I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.





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  • new2perm
    12-29 10:01 PM
    EB3 - Priority date 06/06

    Filed on Aug 17th @ Nebraska service center. Received EAD. AP status pending.
    Finger printing done on 12/08.

    Soft LUD on I-485 for self and spouse on 12/10,12/11,12/15,12/18,12/28.

    LUD on approved I-140(approved 10/06) on 12/02. Received the 'Your application has been approved....' email from CRIS too on 12/02!!

    This is getting me really tensed :-(



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  • viva
    01-13 12:47 PM
    you are a selfish person. you do not care about the rest of the iv community.

    these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.





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  • bidhanc
    05-11 12:50 PM
    Hi,

    I called npr at the "media relations" number and spoke to a Representative.
    He gave me the TALK number as mentioned above.

    Bidhan



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  • simple1
    05-12 03:07 PM
    Ok, for this Attorney thread, some one is pouring red on me.





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  • Lasantha
    10-05 09:32 AM
    Yes, I noticed that and thought the same. I am submitting my application today. I have been trying it for the last 7 years with no luck. Who knows, this one could be the one when I hit the jackpot ! :cool:



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  • tinkugadu
    07-04 10:06 PM
    If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.

    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.





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  • lj_rr
    07-31 02:01 PM
    Iam in exact same situation.Can someone share the detailed process to do this.

    Yes. It is called interfiling





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  • pd_recapturing
    11-27 03:55 PM
    Your 180 days will be completed on 9th Feb 2008. I guess, if you can make sure that your company does not revoke your I-140 till Feb, you should be good. In the mean time, you can join another compny on EAD. I read somewhere in the forums that in case of layoffs (<180 days), one should get a letter from the company that states that they are laying you off NOT that you are resigning. This letter sometimes helps if USCIS issues RFE. This is my opinion and I am not a lawyer.





    kshitijnt
    04-18 06:55 PM
    Today my wifes attorney informed her that her H1 was selected, non masters, non premium process. He also provided her a WAC number





    NKR
    06-02 10:35 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    I am sorry, I cannot help you there since I am not aware of the consequences. Please consult an attorney



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