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huh

12-08 03:35 PM

Is the 15 months counted from the filing date or the audit reply date?

Mine was filed on Oct. 07' and still stuck in audit. It disgusts me just by thinking about this...

Thanks!

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kpchal2

03-03 11:06 AM

thanks for the response. can you please post the result of the transfer

also any one in the forum who had experience with the ac21 transfer +ve or negative can you please advise about your experiences. it is really a stressful situation with every thing being this way.

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Curious_Techie

09-30 10:54 AM

Yes NSC with WAC receipt.
EB2-I PD Aug 2005.
I did applied for EAD & AP renewal in mid August.
Still on H1B. 2010 validity

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for_gc

04-27 04:55 PM

First of all, no need to be so concerned. Also this is not unique situation.

Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).

2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.

The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.

YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.

My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.

My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.

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v2neha

04-25 11:26 AM

hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

Thank you

Rex

Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately

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smuggymba

09-24 04:22 PM

Hi All,

Is there anyone planning to get H1-B/any visa stamping in Matamoras, Mexico in the next couple months? (I'm from dallas)

Is there anyone who already went for stamping in matamoras recently....

Please share your thoughts...

I'm planning to get my H1-B renewal stamping next month...

Thanks for all your replies in advance!!!

Thanks,
Raghu.

It's nice to see many ppl going to Mexico and getting renewals....I have my renewal coming up next year and this seems to be a good idea. Saves the hassle of travelling to India and getting stamping.

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GCOP

01-08 12:17 PM

I recently renewed our passports. I removed the I-94 (Which were stapled) to the passports and kept those with me, just to make sure it doesn't get lost. There was no question asked from Indian embassy regarding I-94, which is not the requirement, on the website.

Hi:

While sending passport for Renewal, do I have to attach I-94, too alongwith Old Passport, or should I remove it..I am sending it by Certified Copy..

Thanks,

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samsanju.corp

01-08 02:10 AM

Interview date 9th dec 2009
Submitted all documents 10th dec 2009 as mentioned below:-

1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.

Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.


Can anyone please tell me how long this whole process will take?

Is there any chance that such case goes into endless loop?

My house and all belongings are in U.S. and I am clueless as what to do

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nixstor

07-01 01:26 PM

I am not sure if I am reading this right or not, go this page

http://www.imminfo.com/resources/cis-sop-aos/3-7.html

and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.

So any one who has entered US before (07/02/06) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?


Guys,

Can some read the SOP in the above quote and figure out what they are trying to say?

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03-18 10:48 AM

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snathan

05-19 12:59 PM

You just have to justify by saying, you have been in US on H1B visa and you came back after you have completed your project. Aftre that it is upto consulate.

I dont think H1B was the reson behind this denial. Remember the law suit against infy for B1 visa...

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va_dude

11-06 05:24 PM

This is exactly the piece-meal approach/bill that several people wanted to support.

But i think IV core is backing CIR.

My 2 cents - CIR ain't happening this year (its almost mid-nov now and health care hasn't even been debated on the floor yer). Even enxt year is a long shot.

Need to back this bill.

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smurugan

11-02 03:37 PM

Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.

Thanks for all the inputs

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WeShallOvercome

11-06 04:11 PM

I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



Thanks,
Sury

-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER

Recieved EAD Card and FP done.
-------------------------------



Poor guy/gal just asked a simple question.....

Sury, The PDs need to be current for I-485 filing AS WELL AS approval.

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ivvm

04-01 02:08 AM

Your application will be processed for completion once your PD gets current!

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sobers

04-07 09:09 PM

Yes this is funny indeed:-)

Seems this guy is like an Ogre...

Anyhow, faxes is only one aspect. We need to try to make some personal contact with the staff, perhaps visit his DC/Milwaukee offices. If we can focus our energies there, i sincerely think we can reap greater rewards.
I sent you guys a pm. check it out.

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ronhira

06-10 11:17 PM

Why do people write "I support" or "I oppose". Is there a voting going on here. What does "I support" actually mean? I am just trying to understand. r u guys going to do something more after writing "I support"? Just asking

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08-03 06:25 PM

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04-18 07:09 AM

www.immigration-law.com

04/18/2006: Bi-Specialization and Reshaping Service Centers Processing Times Report

The bi-specialization initiative that went into effect on April 1, 2006 is expected to bring about the changes in the Service Centers processing times report. The latest reports have already reported the following two changes in I-140 petition processing times report:
California Service Center ceased reporting I-140 processing times
Nebraska Service Center I-140 petition processing times have jumped remarkably since the April 10, 2006 report as follows:
04/10/2006 Report 04/15/2006 Report
EB-1A 10/01/2005 03/01/2006
EB-1B 11/12/2005 03/01/2006
EB-1C 12/17/2005 03/15/2006
EB-2 12/10/2005 12/15/2005
NIW 12/10/2005 03/15/2006
EB-3 10/16/2005 02/15/2006
EB-3EW 01/15/2006 03/15/2006
Schedule A 12/17/2005 02/01/2006

Texas Service Center I-140 petition processing times was already January 2006 in April 10, 2006 Report. It is likely that TSC I-140 processing times may also reveal some changes in the next report.
We will keep watching the development and effect of the bi-specialization program. The next review will focus on EB-485 processing patterns in these Service Centers. Please stay tuned to this web site.
Speedy processing times will help some of the recent PERM application filers whose H-1B approaches the six-year limit and who cannot apply for extension of 7th-year extension of H-1B for failure to prove 365 days pending labor certification before reaching H-1B six year limit. Since the PERM applications are nowadays adjudicated in about three months and I-140 petition adjudication takes between two months and three months, they will be able to apply for three-year increment H-1B extension if their visa numbers are retrogressed. Late starters of PERM applications should consider two options to extend their H-1B extension beyond six years while they wait for the visa numbers: One is overseas trips and recapture of H-1B times abroad. The second is prompt processing of I-140 petitions and filing of three-year increment H-1B extensions.

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basav

08-04 07:58 PM

Hi, thanks

Point 2 looks doable..

Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1

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cool_guy_onnet1

06-01 01:28 PM

New Immigration Bill Amendment Could Help Keep Foreign Tech Workers In U.S.
A proposal to create a dual green-card system that favors high tech talent has bi-partisan support in the Senate.

By Marianne Kolbasuk McGee
InformationWeek
May 31, 2007 04:50 PM


A bi-partisan group of U.S. senators next week is expected to introduce to the immigration reform bill an amendment that proposes to retain a pool of 140,000 employer-sponsored green cards for foreign workers seeking permanent residence in the United States.
Amendment S.1249, being co-sponsored by senators Maria Cantwell (D-Wash), John Cornyn (R-Tex.), Patrick Leahy (D-Vt.), Orrin Hatch (R-Pa.), and Robert Bennett (R-Utah) proposes that the U.S. create a dual green-card system that, in addition to a new merit-point green card system that's proposed in the main bill, would also keep an annual pool of 140,000 employer-sponsored based green cards for foreign workers.

The revised legislation also proposes the United States establish no limit on H-1B visas for foreign professionals with masters or doctoral degrees in science, technology, engineering and math, or STEM fields.

"This would set up a complementary and parallel employer-sponsored system to the merit system" said Robert Hoffman, Oracle VP of government affairs and co-chair of Compete America, a coalition of technology companies. "This system would be more like Australia's" where immigration is granted in dual programs that includes employer-based sponsorship and merit points.

By the U.S. retaining a system allowing employer-based green cards to be issued each year, businesses would have better control over the talent they'd like to keep in the U.S., say tech employers.

One of the biggest criticisms that tech employers have about the current immigration reform bill being hammered out in the Senate is the proposed merit-based green card system. The process awards individuals with points based on the person's education, skills, and other factors.

Tech companies complain that a point-based system would shift to government bureaucrats too much control about the kind of talent pool that's available to employers in U.S. Amendment S.1249 proposes retaining employer-based immigration and expanding permanent residency to those foreigners with advanced STEM degrees, said Hoffman.

The amendment also proposes eliminating caps on H-1B visas issued to foreign students who have advanced degrees from U.S. universities. Right now, in addition to the 65,000 H-1B visas issued each year by the United States, an additional 20,000 H-1B visas are available to foreign students with advanced degrees from U.S. universities. The new amendment would eliminate that annual ceiling for advanced U.S. degrees.

In addition, the amendment also proposes providing 20,000 H-1B visas annually to foreigners with advanced degrees in STEM fields from foreign schools.

"Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.

The amendment also proposes retracting a provision in the immigration reform bill that H-1B visa holders must have degrees that match their jobs. However, under the amendment, an H-1B visa holder with a degree in mathematics could continue to apply for work in a software engineering job, even without the software engineering degree.

"We're strongly in favor of this amendment," said Hoffman. "It's the single most important amendment in this [immigration] bill," he said.

Not everyone feels the same way. In a statement, U.S tech-professional advocacy group the Programmers Guild, called the amendment "a declaration of war on American tech workers."

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