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  • averagedesi
    09-23 08:45 PM
    I think your scenario is perfectly valid, its a honest mistake by USCIS, however if USPS or fedex or UPS screws things up and if the application reaches USCIS say on August 18th or 20th instead of the 17th, I dont think USCIS would do anything but reject the application again. But I guess it doesnt hurt to try assuming one is not desperate for the AP as in my case.





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  • Roger Binny
    07-17 01:36 AM
    Uff..dude your thread raised lot of curiosity.

    Anyways, sounds like happy ending for now, thanks to USCIS for the MTR and the traffic it generated towards this thread.

    Wish you good luck and i hope in few months we will get a better USCIS website.





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  • crazymish
    03-05 02:15 PM
    Hi People,

    I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.

    I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.

    Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.

    Would appreciate a little insight here.

    Thx,
    M





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  • Antonio Trivelin
    September 2nd, 2006, 07:39 AM
    Nice HDR work

    Tks a lot my friend :)



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  • sledge_hammer
    02-26 02:19 PM
    chitra and prashanti1j,

    Both of you have joined this forum very recently. So exercise some patience!

    PHANI_TAVVALA's question might have offended you but I agree with the essense of his posting. What do you both think "Cancelled without prejudice" means? Isn't it obvious to anyone that the visa has been cancelled?

    prashanti1j, you are very new to this forum, relax, PHANI_TAVVALA has been with IV for 2 years already!

    Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.

    There is no question like a dumb question. You definitely are dumb for questioning her.

    Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.





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  • maverick_s39
    01-13 06:05 PM
    hi sathweb

    Here is a link i found on immigration.com

    http://www.immigration.com/newsletter1/submemoins.html

    The last section "C. Disposition of Substitution Requests" says

    "
    If the service center determines that the substituted alien meets
    the minimum requirements set forth in the initial labor
    certification application as of the date that it was filed with the
    state employment office and the I-140 petition is otherwise
    approvable, the I-140 petition shall be approved and processed like
    any other I-140 petition. The priority date shall be the date
    which the original labor certification application was filed with
    any office within the employment service system of the DOL. See 8
    CFR 204.5(d).
    "

    This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.



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  • gccovet
    06-29 02:45 AM
    For folks who are past the 180 day period:-

    When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:

    Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).

    Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).

    (PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).

    I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.

    GCCovet





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  • chantu
    02-19 01:54 PM
    Anybody?

    I have one question:

    My wife is currently working on EAD. I am a primary applicant. Can she apply for H1-B without jeopardizing our GC application?



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  • sprash
    06-01 06:26 PM
    I had an RFE last year and they asked me to submit photos. They claimed I had not sent photos, which is untrue. I had sent them, but they probably lost them.





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  • Prashanthi
    05-12 03:03 PM
    I would not worry about it at this point, this seems to be an internal matter, cases are often transferred to other service centers for speedy processing, sometimes it could be an error also, whatever this might be, this is not something you have control over. If the I-140 becomes overdue you should have your employer call or write to the service center.



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  • vxb2004
    07-23 06:50 PM
    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
    It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.





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  • greyhair
    06-21 09:31 AM
    In 2001, Congress passed a bill called American Competitiveness for 21st Century. This bill recaptured all unused/wasted green cards between 1992 to 2000. These recaptured green card numbers were suppose to be applied for EB by distributing them from 2001 to 2005. As the result starting 2001 you see higher than 140K green cards numbers allocated. However, those additional green cards which were suppose to be applied starting 2001 were wasted, in addition to the green card numbers in 2006 and 2007. Also, my understanding of the law is that if in an year, green number is not utilized in FB, in the last quarter of the year that green card visa number could flow to EB . Likewise, if a green card number is not utilized in EB, in the last quarter the unused green card could flow to FB.

    I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.

    But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.

    Here is today's news in Politico indicating the same thing -
    Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)

    If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.



    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.



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  • fall1998
    01-12 01:42 AM
    :p
    Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.

    Probably, your wish is granted (even if it is just for few hours while they correct the error :p). Why I say this? Look at visa bulletin on Mumbai Consulate's website, here's the link:

    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)

    By the way, if it has changed (and does not have good news when you see it), it is currently showing 'current' for EB2.

    Cheers!!!





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  • inderman
    10-06 03:57 PM
    How and when are we supposed to contact Ombudsman for help?

    Are we supposed to wait first for some stipulated time or we can contact when our PD is current?

    Thanks



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  • vandanaverdia
    10-30 11:39 AM
    bump





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  • ysnraju
    12-07 12:02 AM
    for my 8th Year extension I applied on 16th Nov.2007
    and got approval notice on 28th Nov.2007 with 1 Yr extension.
    Actually based on December bulletin my attorney asked for 3 yrs. but got 1 yr. as in Nov my PD is current.
    Off-course on 30th my I485 is approved.


    So there is no doubt your attorney is so wrong.......



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  • meridiani.planum
    03-10 08:21 PM
    Hi,

    I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.

    What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.


    Please adivse.

    Thanks and Regards

    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...





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  • gettinthere
    01-08 10:50 AM
    Hi

    I have copies of my Labor certification and I-140 approval notices

    If I change job under AC21 portability, do I need to have originals to be on the safer side, or copies are equally fine?

    Thanks





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  • lazycis
    09-24 08:35 AM
    lazycis,
    Thanks.

    Was your answer regarding your case, or other case(s) that you may know about?

    Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?

    It was my case. I received a few responses like that (my I-485 has been pending for 3.5 years). I would not take it close to the heart. My case, however, has been approved before Feb 2008 memo implementing 180-days rule for FBI name check.





    kukitron
    08-07 09:01 AM
    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron





    H1B-GC
    08-14 04:02 PM
    I'm trying to use Life Insurance from AAA. They are quoting $34 for $400,000 for 30 Year Term. They really dont care whether you are Citizen or on H1B.



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