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  • 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.





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  • watzgc
    03-05 06:31 PM
    Please help me out with my question.

    My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.

    I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp

    "H-1B
    May-22-2007
    (validity of ppt)"

    i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
    1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
    2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
    3) do i need to file for an extention?
    4)do i need some sort of petition?

    much appreciated
    thanks,
    smads

    1. you have renew ur passport
    2.file for extension quickly

    one of my friend was in same situation and he did the same thing.





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  • saiimmi
    12-12 09:02 PM
    Could you please throw some light?

    GG_007


    PTO: planned time off





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  • jonty_11
    09-17 07:11 PM
    its probably this thread
    http://immigrationvoice.org/forum/showthread.php?t=21334
    correct..it is teh link..so AP is indeed for Emergent Travel....and there could be possible issues when reentering US if IO is an AHole...
    SCARY!!!



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  • johnwright03
    06-14 10:16 PM
    does anyone the fate of future GC aspirants...i mean the people who are not in the run for 485...whose Labor is not approved...does anyone until when the pd going to stay current...of course the bulletin says pd might retrogess in the month of September for indian born nationalities...?? is there any chance that the pd might retrogess in the next month itself..??
    well, i just applied for my PERM...i am not sure if i my perm wud get approved by the big day ( July 31st)...??????

    Lots of Hurdles in Life.....
    but, Life is a Camera, face it with a SMILE...!!!





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  • americandesi
    10-15 01:51 PM
    I have this basic question. How would USCIS know that he had used EAD for the second job? As far as I know, the information submitted in I-9 doesn’t go to USCIS. During the H1 extension if he submits W2’s, Paystubs and all documents from the H1 employer alone, wouldn’t it get approved? Can anyone clarify this?



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  • mariner5555
    02-08 01:14 PM
    Thanks for the info. but is it 180 days or 120 --there was a thread that said it has become 120 days before expiry or else it is getting denied ??





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  • coolpal
    03-27 12:33 PM
    Hi,

    I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

    I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
    So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

    In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

    What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

    My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
    Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

    I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

    Any productive feedback is highly appreciated...

    pal :)



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  • Saralayar
    07-31 05:53 PM
    Hi All,

    We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
    We are planning to go in August 2007 itself.

    Lets say if our h1 extension is rejected or some issue what will be our status?
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    I heard that mexico has different rules?

    Thanks for your help.
    You can not enter back into US if ther visa gets rejected. You have to go to your country from Canada itself. Mexico also has the same rules and not different. Consult your attorney too.





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  • learning01
    05-10 11:48 AM
    immi2006
    That's what we need to do in these forums.

    You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.

    After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.

    Hence, my title: please read and post your opinion, instead of just posting thie links or the story.



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  • graviyera
    07-24 04:40 PM
    .....is marriage. If one is planning to get married soon, it is better to get married and jointly file for spouse after he/she is here.





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  • PD_Dec2002
    07-07 09:58 PM
    Thanks for your reply. We just published the ad a week ago. Is that a big deal to revise now ? It went into computer world and stuff. I am not sure how difficult it would be.


    Hence for this matter, I have another employer willing to file my LC this month. But I am thinking since I was not with them when they sent out the ad and requesting wage details, IS this something considered equivalent to LC subsitution if I join them and file my LC with already sent out ad ??

    Your answer is highly important.

    Thanks

    I am not sure I understand what you are saying. But before you get flamed (and correctly so) by everyone, I just have one advice for you: "What goes around comes around".

    Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...

    Good luck.

    Thanks,
    Jayant



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  • Lasantha
    07-31 07:28 AM
    For evaluations try Sheila Danzig at http://www.thedegreepeople.com/

    From personal experience I know she is well qulaified for this kind of evaluations. She gives you a very comprehensive evaluation. I can honestly say that I have my GC now because of her. I have been recommending her ever since.

    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.





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  • valatharv
    07-26 08:37 AM
    Finally we got our 485 approved on July 15, 2010...

    Priority date : March 2005
    Cat: EB2, NSC



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  • snathan
    06-05 02:08 PM
    My labour got approved on May 23rd .

    Is it possible to switch company and use this labour whihc got approved by this company?

    Thanks for all your support and sharing for knowledge.

    If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.





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  • JunRN
    01-27 06:42 AM
    With the July filers coming into the picture, I think TSC and NSC will stick to the current trend. TSC will still be processing i-140 within 6 months and NSC within 10 to 12 months.

    However, it will be totally different matter for i-485 as USCIS will prioritize processing those with "current" PD.



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  • pappu
    10-11 12:30 PM
    The intent is to keep the issue of immigration alive till the elections so that there is a chance for any Immigration bill after elections. There are several other pressing issues faced by the nation and Immigration is just one of them. It may not be #1 priority now. The lameduck is very important if something needs to be done on Immigration. The results of Nov elections will also influence what kind of Immigration reform is possible. There is also pressure on the President to act on such national issues. Read Obama Is in the Jaws of Political Death: Can He Survive? - Yahoo! News (http://news.yahoo.com/s/time/08599202471800)





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  • abhijitp
    07-09 12:44 AM
    Chindambaram's statement on HSMP rule change. Article has mention of H1B too.
    This is why I think it is not such a bad idea. Yeah, there may be other reasons why IV core does not think this is a good idea.


    http://www.workpermit.com/news/2007_01_30/uk/india_unhappy_about_immigration_policy.htm

    30 January 2007


    There are close cultural and economic ties between the The United Kingdom and India. However, the two Countries are at odds over immigration. The Indian Finance Minister, Palaniappan Chidambaram, has warned that Britain would be the "loser" if immigration laws are not relaxed to make it easier for Indians to work in the UK.

    Since 5 December 2006 it has become more difficult for many overseas workers to obtain the coveted HSMP visa in the UK. This is a sore point between the two nations at a time when both are looking at forging closer economic ties. However, it should be noted that there is no quota on the number of skilled professionals allowed into the UK under the HSMP or work permit scheme.

    Recent comments during a trip to India from Gordon Brown, UK's Chancellor of the Exchequer, about raising caps on foreign investment, were considered a bit absurd by some business commentators because his government had just made sweeping changes to the Highly Skilled Migrant Programme (HSMP), affecting several thousand Indians. Indians are the largest national group affected by the changes.

    "Many knowledge workers could go abroad for three months, six months or a year and add to our exports, but they are constrained by a very restrictive visa regime and local tax laws," said Mr. Chidambaram.

    "If a qualified professional from India is denied entry and that place is taken by a less qualified person from, say, Eastern Europe, surely the UK is the loser?"

    Mr. Chidambaram's comment seems directed at various European Union policies to favor professionals from within the EU. One of the main aims of the EU is to make it possible for an EU citizen to work freely in any EU Country. Most EU Citizens have been able to benefit from the free movement provisions for many years.

    A very similar line of reasoning is regularly put forth regarding the H-1B visa in the United States. Both the U.S. and the UK, along with all the most advanced western nations such as Canada, Australia and New Zealand, are aggressively competing for the most educated and skilled migrant workers from around the globe, regardless of country of origin. However, compared to employers in the other Countries, it is quite difficult for US employers to obtain a visa to employ skilled professionals in the US.

    Mr. Chidambaram, 61, was educated at Harvard Business School and represents himself as a strong supporter of free trade.





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  • GCSOON-Ihope
    08-23 10:50 AM
    :) I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
    Thanks in advance for any help. :D

    My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
    Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!





    thomachan72
    09-19 05:03 PM
    I agree most probably you were granted the visa and I can understand why you did not ask the lady whether you were granted the visa or not. It can become very intimidating and painful when dealing with people who use such positions to harass others. They tend to put all their troubles onto the folks who have to come before them helpless. There are avenues to complain but really does that help?
    Again I very strongly feel that since the lady did not give any specific reason to deny your visas (which is often required) nor did she give any yellow/blue/green whatever papers, you/family were granted visas. So cheer up and remain very optimistic. Let us know when you recieve the visas.





    gsc999
    06-08 05:41 PM
    When the poor Irish came to US, was there a rule that said, they can get their papers sooner if they pay some extra money? Premium processing is creating e.
    --
    The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?

    Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D