Thursday, June 9, 2011

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  • sweet_jungle
    12-04 05:46 AM
    This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers

    There were mainly 2 issues faced:

    1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
    The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.

    2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.

    So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.





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  • gceverywhere
    04-10 11:36 AM
    This may be something that's already been addressed somewhere so my apologies in advance if that's the case

    I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?

    Another question is: Are we also going to get a 3-year AP?





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  • vikram2101
    08-02 06:55 PM
    My wife collected her's from VFS but they do not give it out the same day either at the consulate or the VFS. The earliest I guess is 3 PM the next day that you can collect it.

    do you remember the appointment time?





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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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  • snathan
    08-26 09:02 PM
    Hi folks,

    Is there any body out here ported eb3 to eb2 from same employer.
    If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.

    Your help is greatly appreciated.

    Many thanks in advance

    Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job





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  • alterego
    07-30 12:59 PM
    This is a ridiculous ruling. The group does not have a lien on its patient base. They are and should be free to choose whomever they wish for their care.
    This is typical of business investors subverting the Doctor patient relationship.
    A sad development for both doctors and patients and a victory for corporate interests in this country.



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  • ajaykk
    01-06 09:56 PM
    Hi,

    I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
    Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
    Also, In case if she stays for long, can I apply for a new AP for her when she is in India?

    Thanks in Advance.
    AJ





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  • JDM
    11-27 10:46 PM
    Happened to me too. No Idea what does this means



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  • dvb123
    01-15 11:49 AM
    This procedure is called follow to join where your i-485 will be approved and your wife will receive your green card after 1 year in India. She has to go to a US consulate in India for an interview before receiving her immigrant visa which converts to green card when she enters USA automatically. Pls pm me your email id.





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  • vine93
    01-22 03:12 PM
    Most of the Nationalised bank ( SBI, PNB ) do not charge Pre-payment penalty. Though it clearly mentioned in their policy , you should check while taking the loan. It is negotiated also. I have IDBI loan with facility of no pre-payment penalty.

    Tell your banker not to extend the tenure of Loan when they increase the loan percentage. As they keep your EMI same but they change the tenure. That makes you nervous when you want to payoff your loan minus 13 months.



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  • Dhundhun
    06-11 09:10 PM
    I E-filed my EAD application and sent the supporting documentation to the location on the confirmation page. To day I see the following notice:
    "We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."

    Is there something I can do to resolve this?
    I sent the application to the following address:
    USCIS TEXAS SERVICE CENTER
    Atten: E-File I-765 PO BOX: 852401
    MESQUITE, TX 75185

    How did you sent it? If USPS, PO BOX is supposed to be in their premesis and supposed to be always deliverable.

    Is it like Box was FULL? I think, this message is by mistake. BTW, are not we supposed to use full nine digit ZIP 75185-2401





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  • pa_arora
    09-24 12:05 AM
    I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.

    I am sure somebody is working on your case.
    cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)

    Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.



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  • gcwait2007
    10-21 10:29 AM
    Great Work Ashkam. Please accept my appreciations.

    Do you have any similar 'SOP' for I-140? I googled and could not find one.

    If you have one for I-140, can you pls post the same?

    Thanks in advance.





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  • cleopatra
    08-27 08:08 AM
    I think that to move to EB2 with the same employer, it may be possible to count experience from the same employer if the new role you are moving to is atleast 50% different from what you are doing in your current role.

    I am not an attorney and so you should consult one about this, though. Can anyone who knows this comment?



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  • brb2
    03-26 09:11 PM
    I guess USCIS will go by the degree first and then look if the field is related. The lawyers in this country are pretty good in converting anything to a high skills job and justify the labor shortage. For a starter an US MS qualified guy can be sponsored for an H1B for optimizing the fuel stocks (read gas station attendant).





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  • ONEMOREGCSEEKER
    07-15 07:07 PM
    rpat1968,

    I am also seems to be in same situation. Can you please share if you were able to resolve this issue and how?

    Thanks in advance.



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  • qualified_trash
    08-30 12:05 PM
    When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?

    Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
    You are right. The issue is which is more important, the academic studies or the working experience.

    And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.

    If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.

    cheers,
    QT





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  • Dhundhun
    06-26 09:43 PM
    Dear Fellow IVians
    quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
    Big question is
    1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
    2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
    The entries for "Class requested" is shown as C09 in both cases, which i believe correct.

    Help:
    Has anybody received like this before? if it's normal, i'm not worried
    If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????

    Thanks in advance
    Satya

    Yes. This is excerpts from: http://immigrationvoice.org/forum/showthread.php?t=18737

    Efiled EAD passing through multiple service centers

    Mailed:
    .... Confirmation Receipt
    .... Photocopy of I485 recept
    .... Photocopy of EAD both side
    .... Original letter which came with EAD (after tearing upper part - for quick processing)
    Mid June 2008, paper receipt (from NSC) took over 10 days. It is now taking more time.
    FP notice (from MSC, code 2) after two weeks, scheduled in fifth week (in ASC San Jose).





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  • Prashanthi
    07-22 05:43 PM
    Hi,
    Could you please advice for the below case.

    Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?

    Thanks

    Yes you will have a problem as you received a COS to H-1 and never worked on it from 2006, you are technically out of status for that period. In addition your I-94 has not expired and you are still in the country, if it has expired more than 6 months ago their are other issues of unlawful presence. When you go out of the country for a stamping the officer will look at your status before granting you a H-4. You are in trouble, suggest you take a consultation with an attorney to try and resolve your problem.





    gondalguru
    07-26 06:38 PM
    Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.

    And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.

    Probably you will get RFE and not rejection.





    Michael chertoff
    11-25 12:48 PM
    I feel MC was being sarcastic as usual.

    It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.

    Thanks for understanding.

    MC



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