Sunday, June 26, 2011

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  • GCNirvana007
    04-08 04:46 PM
    Ok, i appreciate all the answers/recommendations. Now since You guys are the IV, can i get answer to my original questions

    Thanks.




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  • amit79
    04-13 12:26 PM
    gconmind has nailed it perfectly.




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  • vikramaditya
    05-01 09:36 AM
    I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
    Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
    it took a day for me to overcome the frustration of what had happened .
    and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
    2.is there any thing i can do to reopen my old case .




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  • waiting4gc02
    02-21 10:07 AM
    Guys:
    Does anyone know why the Service Center Processing still shows as of
    Jan'17th, when they generally update the Service Center Processing information atleast once a month if not twice in the past...!!!

    I know it's the INS and they can do whatever they like, but has anyone any other insight into this..?

    Thanks



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  • krishna_brc
    08-04 01:54 PM
    She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?

    I think it is safer to come back on old AP.




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  • desidas
    01-22 08:01 PM
    What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?

    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK



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  • ravik
    08-03 01:32 PM
    Nothing to worry.They denied your SR Request.They denied MY SR request before but now they accepted my SR after 75 days and they ordered my EAD Card.Dont worry.




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  • jvs
    03-02 06:36 PM
    Regarding "New Scenario - Seeking second opinion"

    Couple of things to consider...
    1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.

    2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.

    If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.



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  • pappu
    04-25 11:23 AM
    Could you please update your profile so that it helps people tracking cases on IV tracker.
    Thanks




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  • uma001
    08-18 05:19 PM
    Guys,
    I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.

    So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
    She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
    What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4



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  • prom2
    10-02 09:07 PM
    So ND definitely matters. Check your position in queue using ND. Not RD.

    So in my opinion with current situation PD matters in the end. Luck matters first. :(

    I am agree with you.




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  • Berkeleybee
    04-03 04:36 PM
    brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.

    Seeing as how I and Stuck labor were the ones to put that National Interest Fact sheet together thought I should respond:

    The NAS report is available at http://fermat.nap.edu/catalog/11463.html

    The document is quoting from page ES-8 of the NAS report -- I'm cutting and pasting from the document

    "In Germany, 36% of undergraduates receive their degrees in science and engineering. In China, the
    figure is 59%, and in Japan 66%. In the United States, the corresponding figure is 32%."

    The NAS document end note says "Based on data from Data are from National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation, Appendix Table 2-33."



    The document you have linked to says

    In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.27 In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.

    And the document footnote says
    Analysis conducted by the Association of American Universities. 2006. National Defense Education and Innovation Initiative. Based on data in National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation. Appendix Table 2-33. For countries with both short and long degrees, the ratios are calculated with both short and long degrees as the numerator.



    So this is pretty odd -- both are based on the same base dataset, and it looks like the second document calculates the % differently. Also not sure why one says "science and engineering" and the other says "natural science and engineering"



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  • GC_1000Watt
    01-03 02:05 AM
    1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.

    2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)

    3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.

    4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.

    5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.

    It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.

    Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
    And please guide me on things to keep in mind while going for stamping.

    Thanks.




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  • voldemar
    03-20 01:08 PM
    I didnt understand your point: Is revoking an approved I140 is mandotary for the employer when an employee leaves?
    No, not mandatory.
    Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how? Employers will not be bound to employ you after you get green card. AC21 protects employee - not employer.

    Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.I'm not discussing any "other reasons". Only USCIS denial of already approved application because of Ability to Pay when they add up all pending I-485 cases with I-140 pending or approved within one company. In that case if employer withdraw I-140 it could not be added to a pile of pending or approved I-140 - employer is not obliged to pay this employee.



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  • kish006
    12-23 04:40 PM
    To my surprise, we just received both EAD & AP with corrected information. The mail room person did put in a folder and sent it overnight DHL. Sweet!

    Hi,
    I too got my EAD and AP with incorrect pictures. I thought I got my AP and book the ticket on Jan 16.

    I dont what to do now. Please help what to do.
    I f I apply now i will get my AP in time before I leave to India.
    What need to do now.

    Thanks in advance




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  • gctoget
    09-10 06:08 PM
    Placed a google order for $100
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  • theperm
    05-07 03:21 PM
    Thanks! :-)




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  • thepaew
    09-24 03:44 PM
    Okay - Good Luck! I hope that you get your GC and admit soon. Most probably, I am headed to a non-US program next year as I have waited too long for the elusive GC. :-)

    Ciao

    thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
    Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.




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  • tissac
    01-23 10:28 AM
    When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)

    >>>>>I also had to keep checking many times when trying to get and interview for my parents in native language. Then I read in some forum that they normally open the appointments Thursday late night or Friday early morning (US time) . I tried that and I got an appointment. Good Luck !!

    >>>>You can download and print the forms put you signature (since you did it on their behalf) and send it to your parents for their signature. They need to take these printouts for the interview.

    Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
    Will there be any problem in visa approval for parents

    >>>> In my case I had a valid stamp. But still I send the copy of my I-797 also. I don't think stamping is necessary. I-797 + new I-94 proves your status.

    Thomas




    sh2005
    08-13 10:43 AM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.


    How about the processing date that was shown for your service center? I applied my I-485, EAD and AP in May (got my RN in may as well). The processing time for EAD and AP is shown to be March 26, 2007 for NSC. But, I recently got my EAD approved and an RFE for AP. So, is the website for processing time not updated as accurately as it made to be seen or somehow some applications (like mine and yours) bypass the FIFO?

    On a separate note, I got an email that an RFE has been issued for my EAD, but I already got the EAD card in hand, before the RFE was issued!!!




    ujjvalkoul
    01-18 11:19 AM
    Mine was at Texas Service Center.
    I guess they have morons working all over. I cannot understnad how anybody in his/her right senses can make such a blatant mistake.



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