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  • GCWhru
    08-20 11:41 AM
    We are also in the same situation. Mine got approved on Aug 11th but no LUD on spouse's case.

    We had a Infopass appointment today, very nice IO informed us that NC and BC are cleared and case is still pending at TSC.

    He asked me to call 1800 and open a status inquiry (SR), but I requested him to open one for me, since I have/had very tough time with 1800. He was kind enough to open a SR and gave me the reference number too. He also informed me that I will be receiving a mail from USCIS within 30 days explaining the status of the case.




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  • ursosweet
    10-02 09:54 AM
    just spoke with someone yesterday whose PD was april 2005. he files 485 in september 2005 before eb2 retrogressed.
    he got his GC in august 2007. now how is that possible when i still see people wth PD of 2004, whose GC is pending. also btw, in august 2007 and in july 2007 the eb2 was U.
    anyone can explain that please?




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  • talash
    07-19 05:03 PM
    Positive PPD just means u are exposed to TB is the past ans CXR confirms that u dont have active disease .Treatment in this case is only optional and patient has to decide if he or she wants to be treated for that .Only people with HIV of other immune def dieases must be treated for pos PPD.
    they should not ask any further qquestions if CXR ws negative .




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  • Ann Ruben
    02-04 09:16 PM
    Hi Prem,

    As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:

    "Q10: Who is eligible to use the H1B "portability" provisions?

    A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.

    Q11: Are there any other limitations on the portability provisions?

    A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."

    However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.

    Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.

    Hope this information is helpful.

    Ann



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  • Jaime
    06-10 05:17 PM
    Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?




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  • mrane1
    09-27 05:48 PM
    I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

    I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

    With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.

    Apart from all the above solutions there is one more.. I have a friend who was in similar situation.. she didnt make the h1b visa lottery... Her OPT expires in January... So she took admission in MBA and will apply for CPT in Jan... Also she has graduated now... so next year she can apply through MS quota. The good thing is that she has a FT job in a start up and her compnay assisting her in every way...



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  • mchundi
    03-15 12:30 PM
    hi Super_Moderator,

    Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...

    just to know whey we need to wait for later to add this...

    Guys,
    This is a complex issue. That one point may have been the reason S-1932 did not go thru. It gives an impression as if 1/2 million employment based G.C's will be dumped into the market, but in reality the USCIS is able to process around 200k G.C's per year.
    The current provisions in the CIRB target several areas and likely to keep the dates current for EB-1,2,3 current for a couple of years.
    Our consultants have advised us well in this regard, if they have done so.
    --MC




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  • pdakwala
    06-26 12:12 PM
    The senate just voted on the cloture motion. The motion is agreed to and the bill proceed further. The bill got 64 yes and 35 no. The senate majority leader Reid of Nevada is expected to choose the "clay pigeon" option.

    The option will give the expedite passage of this bill from the Senate.

    Pratik



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  • daishwarya
    07-23 03:05 PM
    Yes. I am from VSG too...I left VSG in 2008. I don't know anybody who got approval...




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  • Madhuri
    07-11 11:02 PM
    If this is true it's really horrible and scary that this gov. agency is handling our applications.

    This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......


    http://www.usimmlaw.com/current_information.htm


    Copying the contents of the website below :


    Visa numbers WERE available July 2nd!!
    We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!

    In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!

    So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.

    USCIS did not use all visa numbers before July 2nd.

    Did USCIS actually use the visa numbers it requested????
    Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.

    In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.

    However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.

    We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!



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  • Canadian_Dream
    09-19 07:26 PM
    Can this question be taken for next conference call ? I have seen numerous people looking for answer to this question becasue the underlying law (AC21)pertaining to this issue is very vague. It has not been answered in any previous conference calls.

    ============================

    What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?

    In summary:
    Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
    If yes:
    What happens to the H1B if I-140 is revoked ?
    If No:
    Any law/precends supporting the conclusion ?
    ================================




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  • smuggymba
    03-27 08:22 PM
    this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question

    not to judge you, but how did you manage to enter india? Do they allow it?



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  • ames
    03-05 02:22 PM
    ames, post your picture in your own thread with a title for it under the Just Draw Yourself sectoin of the forums HERE (http://www.kirupa.com/forum/forumdisplay.php?f=152).
    This thread is for the list of entries and to notify big K of your entry if it's not added to the list of entries within 24 hours.
    Nice Job by the way.

    Hello and thanks for letting me know Lord Rahl. Sorry about that - I am just new here. I posted my own thread for it to hopefully be entered. And thank you for your compliment! I also like your self portrait drawing! I like to sketch with pen and ink or pencil myself. I have seen some great entries so far! :)




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  • eb2india
    01-17 05:39 PM
    I had the same problem. I got the card valid for only 2 months instead of one year. I submitted a new application along with which I submitted all the required documents as if I was filing for a new card. Additionally I submitted the Original card which had the typo and a letter explaining the typo. I did not submit any fee. I got my new card after two months. Please go through the instructions on the EAD application which contains information about replacement card.



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  • Gravitation
    07-20 02:19 PM
    I'm confused - what is the point of applying for AP if you aren't also applying for EAD?

    Yes, I believe you can apply for EAD yourself

    AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.




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  • vallabhu
    01-02 10:02 AM
    Hi Guru's

    My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.

    RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.

    But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.


    But surprised to see this denial letter.


    My attorney is confident that we would win the case if we appeal against the decision

    what are my alternatives now and how long is it taking now to process this appeal.



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  • kookoo
    08-03 07:20 PM
    If the letter was already sent to the USCIS can i stop further processing of my application?




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  • pappu
    04-19 11:06 AM
    Janakp, you are now probably on their crosshairs. Their members on our site will hate you for spying!!:D




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  • when
    02-29 08:42 AM
    How can one find his/her receipt date if they dont have copy of their receipt notice, just the receipt notice?




    vejella
    02-09 12:19 PM
    Sueing immigration system could be our fall back resort if there are no reasonable bills passed in the coming days.

    Its could not get any worse than what it is right now.:)




    srikondoji
    01-25 06:53 PM
    When decision making people or people at the top talk, then i believe there is a sense of realization about us.
    Atleast this should provide an easy opening of our case with top leaders.

    I am not saying that is it, they are dispatching GCs through Fed-Ex?
    If they did, i would be really surprised.



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