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  • mannan74
    08-27 06:02 PM
    The answer is right there for you

    The following applicants do NOT qualify for appointments in the visa renewal category:

    "Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."

    You came on F1 and now want to get stamping based on H1, Ditto for your wife.

    So not sure what your question is?





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  • franklin
    06-15 12:33 AM
    Next week is the time to talk more about AC 21 . This week lets complete all the work to file the petition

    Long Stroy in short form with the rules underlying AC 21 act
    If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD

    Yes, lets hope the removal of AC21 in CIR has been reversed !

    Regardless EAD and AP are not affected by Priority Date. (Neither is I485 processing - I believe that as long as the PD is current, it is treated on an Receipt date of I485 - another benefit of filing I485 asap)





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  • rajev_kk
    07-14 08:49 PM
    Mine is a substitution case and have filed for 140. After reading this post, was thinking if I can file for 485. Mine was filed last week and I have not received the receipt for 140 as-yet. Can I ask my attorney to go-ahead and file for 485 even though I don't have a receipt? Is there anything that I should wait for?

    Thanks.





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  • pd2001_12
    09-15 01:24 PM
    Yes I got RFE like 1 month back about employment verification...

    Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.



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  • mhtanim
    12-31 03:34 PM
    No FP for me either. See signature for detail.





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  • gc_on_demand
    05-28 11:39 AM
    If they approved your I485 before you get married then only way left for your wife is H1b or another visa. ( not Student visa ) you cannot apply for her gc if she is on F1 ( F1 is not dual intent visa ) .

    If they approve GC then current family category takes 5-6 years F2A category . OR u can become citizen and file which is also 6-7 year from day u get ur gc.

    BUT given trend it is very riskey to withdraw I 485. People donot get even chance to apply for I 485. You will be back on line in this mess.

    Choise it yours..



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  • cfan666666
    06-28 09:20 PM
    Both of them will work, I believe.

    Good luck to all of us!





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  • Ramba
    07-31 05:57 PM
    Extension of H1B beyond six year, is possible only if any employment based greeen card applications (like Labor Certification and 140) is pending or approved. As your mom is not having any Employment based GC applications pending, she can't apply H1B extension beyond six years. The best advise is leave the country before expiry of I-94 and enter thro CP based on I-130; Dont count on 180 day period. If she want to stay in US to file AOS based on I-130, she has to find a way to change of other non-immigrant status like student etc..

    (to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)



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  • bmoni
    08-19 09:25 PM
    Thanks LT. I have to be in india for a wedding in the second week of sept. I thought being valid is good enough. Where did you find the six month passport validity needed for travel. I can get it renewed while I'm in India but I'm not sure how long it will get it to be renewed in India. I'm planning to be in India for three weeks. Thanks again.





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  • Almond
    01-27 12:54 AM
    Ah, thank you for posting this, I have been checking that link desperately forever and it hadn't changed. Question to those who know better, if my Notice Date is May 15, and the "processing time frame" for I-485's is July 19, what does that mean for me? Am I stuck in some kind of check or something? Thanks in advance.



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  • ItIsNotFunny
    12-05 11:02 AM
    I am already a citizen ..:) Just want to know more about PR in US.

    Me too! Citizen of India.





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  • pappu
    04-24 11:14 AM
    OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?

    We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.

    We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.

    IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.

    Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.



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  • chanukya
    04-06 08:31 AM
    I think its high time, we step in and say enough of this excessive outsourcing, India has created more than enough jobs in India, ecomomy has grown to a very good level.

    There should be a Fair level playing field for everybody, unfortunately not only Americans, the very Indians, who have struggled countless hours and sacrificed so many things and made a mark in US with thier technological hardwork are loosing to this big outsourcing companies.

    The very reason of initial H1B people coming to US, for a good standard of living is slowly being lost becuase of this excessive outsourcing.




    "As it happens, most of the largest users of the H1-B program are not
    American companies but foreign firms that want to move jobs out of the
    United States. Seven of the 10 firms that requested the most H1-B visas in
    2006 were outsourcing firms based in India, which use the visas to train
    workers in the United States before they are rotated home, according to Ron
    Hira, an engineer who teaches public policy at the Rochester Institute of
    Technology. Indian outsourcing firms Wipro and Infosys were the two top
    requestors of H1-B visas."





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  • senk1s
    08-19 11:22 PM
    We did not return the i94 while traveling by air - and our renewal notice was with i94 (same number)



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  • senthil1
    07-05 01:13 AM
    Actually it would have been greater mess if they would have allowed to file 500 to 700k persons if that number is correct. Mainly those who are missing the bus due to marriage and other reasons would have suffered a lot. PD date movement
    should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.





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  • RDB
    09-02 11:09 PM
    That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.



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  • nlssubbu
    12-12 07:30 PM
    Hi!

    I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.

    I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?

    Thanks for your help!
    Vivek.

    I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.

    If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.

    Have a safe trip!





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  • ram_ram
    09-11 02:59 PM
    The PDF says

    FOR MORE INFORMATION CONTACT USCIS OCOMM 202.272.1200

    So may be we can call and ask them if the 140 times are less than 3 months, Did we miss our approvals in mail? :)


    http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.





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  • caond
    05-07 05:41 AM
    I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!





    bekugc
    04-01 09:21 PM
    hi irrational;

    if this is of any help to u, my friend got this same "the post office returned the notice" msg few months ago. His appln was in nebraska service center. he had gone to india and to prevent mailbox overflow they had given a stop order at the postoffice. When he further enquired about this they told him that reason for mail was "one of fingerprints on record for the spouse hadnt been proper and they wanted to re-take it". after this he got another FP notice and got it done.





    delax
    07-16 08:55 AM
    USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.

    Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.

    Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.

    In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.

    Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.

    Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.

    You may be correct about the PD see-saw but I am not convinced about the RD logic. I know of at least a dozen friends (EB2-I) with PD in mid 2003 who filed in June 2007 and were approved by Oct 2007. The RD during that time was in 2006.