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  • pezz77
    05-24 09:09 AM
    I thought this would be the most appropriate place to post.
    I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
    Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
    I'd appreciate your input, as I have to make a decision soon.




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  • jasmin45
    10-03 02:24 PM
    Greetings,

    Here’s what I got from my attorney on Monday, October 1st 07. It seems there was a conference call of some sort with USCIS officials past week. Thought this will just keep you informed if you haven’t heard about this yet. Please check with your attorney for confirmation.

    Below is the summary FYI only.

    1. Expect further retrogressions on the visa bulletins

    2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in July

    3. Do not expect premium processing to be re-instated for I-140s for a while

    4. There is a big problem with the receipt notice updates that are being published by USCIS—they are not accurate and they are further behind than they are publishing. Aytes is trying to fix this discrepancy.

    5. If you submitted photos with the EAD applications, then Aytes said you will get your EAD faster than those who did not

    6. Expect changes in regulations to permit H and L people to travel without the I-485 receipt notice due to the major backlog in receipting

    7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.

    8. Backlog Elimination Centers (BEC) should be up to date in one month

    9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.

    10. 20% of PERM cases are being denied

    11. Atlanta’s motions for reconsiderations should be processed faster soon

    12. New PERM form on March 28, 2008

    13. Carlson stated that the DOL’s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ’s are on the DOL website.

    14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.

    15. I-9 raids are a hot topic!!!! For example, the city Reno (NV) saw several McDonald restaurants raided on Thursday—this is expected to happen all over the USA and with all types of employers. PLEASE make sure you have the I-9s in a separate place and handy in case of a raid. If I-9s are with other paperwork, then the raiding officer will review it all!

    16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.

    17. The US consulates and CBP are Googling you!




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  • hydubadi
    02-04 08:32 AM
    I would suggest that you call the customer service number, since it is over 30 days, to find out what is going on.

    I called customer service and was transfered to second level were I had to deal with a rude lady. I explained her my situation and her response was that, as its been 30 days it might have lost in mail and said, I have to apply for new AP with the fees again. i insisted to provide me with tracking number and asked for her manager for which she hanged out the phone on me. this how rude she was, it is such a shame on part of USCIS.

    may be I will wait for more week and if it doesn't show up, will apply for new one. this is what you get for dealing with USCIS:mad:




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  • mytrix76
    01-10 01:20 PM
    My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
    I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
    http://www.murthy.com/news/UDnewins.html
    "An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

    Can some one please throw some light.

    Thanks



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  • sravani
    05-24 09:22 AM
    Please go ahead with the filing especially when your employer is bearing the expenses.

    Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.




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  • cagedcactus
    10-31 10:58 AM
    For those who are new to the forums, please contact Walking_dude to sign up for an active membership in Michigan chapter. We all need to join hands and go to work. We have core members standing behind us, ready to back us up on various issues regarding backlogs and other immigration issues.
    Help us help yourselves.....
    Rise now, its now or never....



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  • jonty_11
    07-12 12:00 PM
    if u switch status from h1 to h4...i think u willl be subjected to cap next time u file for H1..as its a fresh H1 and not H1-Transfer




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  • gc_kaavaali
    12-24 10:25 PM
    this thread should be on top



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  • dtekkedil
    07-03 10:03 AM
    I'll draw a flower and send it, how is that? After all the $$$ spent on the lawyer and this whole fiasco in general, I ain't spendin' a penny more on them:mad:



    Maybe a stinky garden weed. It's the thought that counts:D.


    LOL!

    You wont be spending the money on them... in the end it will be for you! Think of it as an investment :)




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  • md_jul_03
    08-06 03:55 PM
    I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
    It does not need a attorney or spies. You just need to work up the numbers.
    I did this only for INDIA. Any chinese can complile it for China.



    MONTH EB2 EB3
    Aug 05 C 01APR01
    Sep 05 C U
    Oct 05 01NOV99 01JAN98
    Nov 05 01NOV99 01JAN98
    Dec 05 01JUL00 1-Jan-99
    Jan 06 01JAN01 01JUN99
    Feb 06 01AUG01 01JAN00
    Mar 06 01JAN02 01JAN01
    Apr 06 01JUL02 01FEB01
    May 06 01JAN03 01MAR01
    Jun 06 01JAN03 08APR01
    Jul 06 01JAN03 15APR01
    Aug 06 U 01APR01
    Sep 06 U 15APR01
    Oct 06 15JUN02 22-Apr-01
    Nov 06 01JAN03 APRIL01
    Dec 06 08JAN03
    Jan 07 Jan03 May01
    Feb 07 Jan03 May01
    Mar 07 Jan03 May01
    Apr 07 Jan03 May01
    May 07 Jan03 May01
    Jun 07 Apr04 Jun03
    Jul 07 C C
    Aug 07 U U
    Sep 07 Jan03 May01
    Oct 07 Jan03 May01
    Nov 07 Jul03 June02
    Dec 07 Jul03 Jun02
    Jan 08 Jan04 Jun02
    Feb 08 Jan04 Jun02

    Here is my analysis.

    Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
    Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
    Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
    For EB3, they like to get it stuck at mid year so Jun02.

    Guys, give a thought to this trend and see if you can guess more accurately.

    Interesting analysis.

    I found an additional prediction on this link http://www.murthy.com/news/n_oct07vb.html



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  • i-serf
    04-20 04:46 PM
    I am on H1/valid I-94/ expired visa/ I-140 in progress.
    My NJ license is set to expire in about two months.
    Given the recent situation with MD state bill HB387 is anybody in the saimilar boat, and what avenues do we have?




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  • mihird
    05-21 10:49 PM
    I think, the PD should reset to the day the substition is done and not to the day the original labor was filed...otherwise it is unfair by all means..

    But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...

    I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...

    Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.

    The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..

    If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)



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  • rameshvaid
    05-27 10:46 AM
    Talk to your Local "state" Congressman(woman)/Senator.

    I will certainly do that..

    RV..




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  • genscn
    10-02 12:42 PM
    When you leave US, your I-94 attached to your passport (Old One) will be taken and once you re-enter, another I-94 (with same number as on your I-94 issued with your H-1B approval) will be issued and attached to your passport.


    Hi,

    What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.

    Can someone please let us know how this I-94 surrendering and numbering works?



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  • a_tyagi26
    02-02 12:10 PM
    Assume:

    This mean from the date this bill gets enacted, one should stay in USA for five years continuously.

    It's impossible, atleast for me. I can't even think that I won't be able to go to India for 5 years. It would be a torture on my soul. This kind of clause works for an un-documented immigrant, who don't have a choice to leave but not for legal immigrant.

    What my company tell me to go to another country say some Brazil to implement project and infrastructure and I had to stay 2 months? Then I have to start afresh ?

    I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.




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  • H1bslave
    11-14 10:27 AM
    At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.


    Well, are you sure I would need to work for this "future employer" for 6 months?

    AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

    Is this scenario different because A is not a future employer?



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  • waitforgc1
    05-07 03:34 PM
    They are not random. The do have some logic.

    At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.

    THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
    and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD

    Thanks




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  • CaliGC
    06-14 09:02 PM
    Friends,

    Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.

    PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.

    TIA.

    Please see my Signature below for info regarding me.
    EB3/VSC/India
    PD July 2004
    140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
    EAD1 Approved:11/22/2004
    AP1 Approved:11/23/2005
    140 Approved:2/1/2005
    EAD2 RD: 10/06/05 AD: 10/25/05
    AP2 RD: 10/06/05 AD:10/31/05
    EAD3 RD 7/7/2006 AD: 7/27/06
    FP1 - 03/10/05
    FP2 4/25/07
    SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
    SPOUSE Name Check Cleared!!!: Mar. 2006




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  • GCNaseeb
    11-04 10:46 AM
    Initially my last name was misspelled on my I-485, I-131 and I-765 Receipt Notices. My Attorney sent a letter to USCIS informing the typo to correct it. USCIS sent me the letter saying that the typo error has been attached to my case. When I called USCIS for my FP Notice last week, I mentioned the IO that my Last Name is mis-spelled. But the IO instead of correcting it just on my case , he changed on all other 3 derivative cases with the same mispelled Last Name. Our FP is scheduled next friday. Now we have all our FP Notices with misspelled Last Name. I am going to call USCIS tomorrow. Also I read in other thread that, you don't need any tracking number for your FP. Here's the thread:

    http://immigrationvoice.org/forum/showthread.php?t=13522




    miththoo
    01-10 08:56 PM
    >if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?

    Ok, after using AP there are two ways in order to reinstate H1B status.

    1) By applying H1b extension after entering on AP
    2) going out of country and entering with valid h1b visa stamp.

    This is based on what i read in immigration-law.com and again as per murthy office.

    I used AP recently. My H1 is valid till Jun 10 2008. So I am asking my company to file for an extension. My paroled I-94 is valid till Dec24th 2008. My company is saying that they can not file for H1 extension now as my I-94 is valid till Dec 24th 2008. And they can only file for extension 6 month prior to I-94 expiry. But if that's the case then I will not be able to file for H1 extension until Jun24 (i.e. 6 month before I-94 expiry Dec24) and by that time my H1 ll be invalid. I would appreciate if you someone let me know if the H1 extension is possible in my case or not.

    Thanks,
    Miththoo




    pankajkakkar
    09-14 03:59 PM
    And several other anti-immigrant newsletters/blogs have been talking about this today.

    This particular amendment should be brought up during lobby day. Those of us not making it to the rally should be calling Congressmen to ensure that this amendment passes!



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