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Monday, June 13, 2011

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  • clockwork
    07-18 09:52 PM
    Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.

    Hi Googler,
    Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -





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  • nav_kri
    06-15 08:48 PM
    EVL = Employment Verification Letter

    Usually the employer provides a letter on their letter head that the person is currently employed with them as XYZ. I usually get one before traveling outside US so that I can show it to IO in case they ask for it as proof of continued employment.





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  • NoEnd
    07-09 05:43 PM
    I am in the same boat here. It took a huge effort to convince new company to process H1 and now their attorney is saying they can not file H1 unless I140 and LC copies are provided. My current company does not provide those documents.

    I140 approval is more than 180 days. Please help guys

    Thanks
    NoEnd





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  • nixstor
    04-18 12:32 PM
    <Snip from his speech>

    �When I mention this to people, they sometimes go hysterical,� Becker told a packed house during the inaugural Becker Brown Bag Series lunch discussion hosted by The Becker Center on Chicago Price Theory at Hyde Park Center on March 1 and sponsored by Vishal Verma.

    </snip>

    With all due respect, applying a bit of economics to politics/immigration might work out but folks in politics are not gonna let any one wipe away immigration/politics with economics.



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  • s416504
    08-13 08:26 PM
    I think of refiling because I have filed without lawyar (due to Friday 06/29 rumor). I understand frustrations of fews guyes..as I am also in same boat.





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  • sobers
    06-05 04:38 PM
    good job IV!



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  • smisachu
    12-09 06:43 PM
    PhD in Business from an accredited US institution; currently working as Asst Prof.

    I guess there is no way to port till I graduate then. :mad:





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  • alexmat01
    01-13 01:43 PM
    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex



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  • statuslaw
    01-31 01:33 PM
    DOS tel number: 202-663-1225 then 1 0 0, and tell your passport number. That is all.

    It is easier to get connected to DOS visa specialist at morning time (US eastern time).


    [QUOTE=lost_in_gc_land;218762]Hi statuslaw,
    Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you

    QUOTE]





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  • eb3retro
    03-05 09:15 AM
    Hi,

    I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?

    Thanks for any inputs/thoughts.

    no offense garfield, many of us here hate to give any suggestions/advice, if we see an empty profile. why dont you update your profile first. time and again many of us have asked many people who come up with a new thread first post asking advice for their individual situation, i would urge everyone here to stop advicing/suggesting anyone who does not have their profile complete. If this is what it takes to complete their profile, my vote is to enforce this.



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  • hopesoon
    09-02 12:39 PM
    I am EB3 (Aug 07) because of my lawyer�s mistake; but in June they asked for further medical testing, it can be a good sign they are looking into EB3.





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  • dpp
    08-18 12:09 PM
    that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K

    They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.



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  • LC2002
    04-13 01:26 PM
    Hello IV Freinds,

    I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.

    I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.

    Good luck to all IV members who are still awaiting for good day to come.

    Thanks,





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  • GC_quest
    05-25 06:32 PM
    Some of the salient points concerning legal immigrants in the CIR bill in its current form:

    1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
    Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants

    2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
    Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.

    3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
    Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants

    4. File I 485 even if priority date is not current.
    Comments: Provides relief where spouses can't work and can start using AC21 provisions.

    Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.

    And finally congratulations to all volunteers and contributors to IV for a job well done!



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  • vine93
    03-04 11:01 AM
    These type of memorandum every officer will know immidiately. Remember earlier many people posted in this forum when they called for Infopass appointment officer wasn't aware of any such ruling that he needs to approve I-485 if FBI Namecheck pending more than 180 days.





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  • bigboy007
    04-18 03:50 AM
    But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b

    Thanks virtual55.
    AS PER THE ADDENDUM II
    In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
    However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
    AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.

    I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.



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  • sidshar
    05-15 04:22 PM
    My PD is 2006 last year dates went current and I got it. I guess luck played a role.





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  • ItIsNotFunny
    03-28 10:23 AM
    For my recent H1B extention for 7th year extention, I have come across strange situation.
    My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.

    I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.

    what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.

    I would appereciate any input on this.
    If this makes me out of status , is there a way to fix this by contacting USCIS again ?

    Thanks
    Saurav

    I don't think you were out of status as you filed before your previous H1 expires.





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  • desi3933
    08-18 09:12 AM
    Gurus,
    Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

    The reason specified in the letters:
    - Section 203(b)(2)(A)
    - 8 C.F.R 204.5(l)(3)(ii)(C)

    ........

    Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."

    The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.

    I have written many times on this issue, please refer to my old posts for more details.

    ______________
    Not a legal advice.





    airbusfan
    05-19 09:14 AM
    Pappu -- Is there anything i need to do besides sending the e-mail. I've sent the e-mail twice and its been a week since the contribution has made. I am by no means waiting desperately waiting to get access to donor forums but i am curious. Please let me know what i am missing. If the team is busy, may be IV should think about looking for more volunteers.

    I also have access issue, but just since yesterday. Again like Rahul, I'm by no means desperate to have access to the forums, but would be nice. Please let us know if there is an issue that we can help out with in this regards!





    kishorep914
    05-17 08:55 PM
    I have been getting only 1 year extension after my first 3 years of H1. My I-140 has been approved in My 2nd year of my H1 visa. So it entirely depends on the USCIS discretion.



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