Thursday, June 16, 2011

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  • nixstor
    06-08 11:34 AM
    Sounds ludacris to me. Here is what I would do if I were you

    (1) Talk to your lawyer and see what he says. If your attorney wants to follow up with this officer and ask him why he needs everything from 1999, he might give a better answer.

    (2) Get a letter from the IRS saying that they do not have copies of the old returns.

    I myself don't have returns before 2003.





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  • bach007
    12-03 06:26 AM
    What your lawyer says in incorrect. I have had my visa stamped successfully only for 3 months validity in the past. Even this time I have only 2 months left (until Feb 2008) but am still going for stamping. So do not worry. As long as you have one more day left, you can get it stamped. Good luck.

    I would very much appreciate if I could get your input in the following situation.
    I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.

    If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.





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  • ssa
    10-30 12:40 PM
    In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.

    As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.





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  • amsgc
    12-11 12:50 AM
    In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.

    As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.

    The problem with this approach is that:
    - It is not FIFO
    - EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.

    Here is how:

    Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.

    So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.

    When time comes to roll over excess EB2 ROW numbers, two things happen:
    - Already substantial use of EB2ROW numbers make few numbers available for roll over
    - Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.

    The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.

    If USCIS followed FIFO, then the following would happen:
    - USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
    - This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
    - When time would come to roll over numbers not used by EB2ROW:
    - A large pool number of excess visas would be available
    - A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.

    As a result, old cases would be assigned visa numbers and backlog would be reduced.

    Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.



    I wonder how it is they justify over 70K visas to EB2ROW, keeping it current all year, when EB2 I was so retrogressed and got only 15K. FIFO my foot. This is the most mismanaged, subjective thing I have ever seen. Translated for us, luck of the draw.



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  • ss1026
    04-10 03:56 PM
    163,000 applns for general and more than 31,200 applns for advanced degree.


    WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.

    I read this as saying this....
    The 163k number includes the advance degree number. So it is 132K for general and 31k for advance





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  • waitingnwaiting
    01-19 04:02 PM
    I think this is indeed a great idea.... but it might be difficult to get this information. Let me start by giving one name...
    1) waitingwating
    Others pls add more if you know:D:D

    Not funny.
    If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.



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  • pd_recapturing
    04-04 03:25 PM
    It also talks about 180 days rule. On the other hand, they are still sending denial notices to ppl whose 140 have been revoked by the employer.

    "In most cases, the job offer in the Form I-140 must remain valid and available to the alien beneficiary until s/he obtains permanent resident status. In some limited circumstances, the law allows adjustment applicants to change employers without interrupting their eligibility for adjustment of status if the Form I-140 has been approved and the adjustment application has been pending for at least 180 days. USCIS recognizes that some workers may want to take advantage of this provision in the law and has increased its emphasis on processing the underlying employer petitions independent of the availability of a visa for the finalization of the adjustment of status application"





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  • GCisLottery
    01-25 04:47 PM
    Please do not quote T(oilet paper) o(f) I(ndia)

    Seriously.



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  • simple1
    06-12 06:04 PM
    Looks like msingh is an anti immigrant from loser’s guild and not a real singh/sikh or even remotely asian-indian.

    msingh is right now on googling to find out who is manmohan. :D

    Paaji msingh, Try contacting Manmohan Singh.





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  • yanj
    12-14 09:38 AM
    Now I am working for a company in OPT .
    have 24 days GAP.
    How can I do to solve it ?



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  • drirshad
    04-19 07:13 PM
    Go to http://www.shusterman.com/

    Got some updates as to whats going on behind the curtains ..

    Gear up & give sometime to fight against the anti-immg groups who have already started contacting the law makers & congressmen ......





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  • santosh19
    10-31 02:08 PM
    What confuses me is or are you saying that calfornia service center no more process the H1-B extension. But when you go to processing time in USCIS website it still shows you that they process H1-B extension
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC



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  • GooblyWoobly
    07-18 06:56 PM
    I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.

    New EAD is for 340$. So, what you are saying is, I pay 340$ now to apply and 340$ every year to renew? That'd suck big time.





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  • rajuseattle
    07-01 01:47 AM
    I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.

    According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.

    In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.

    Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.



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  • pappu
    01-20 11:34 PM
    most uni's have a indian student association, the contact is usually found on the website, that would the best way to find them, also orkut has alot of desi student in us communities
    Would you be interested in contacting all such associations and orkut communities around the country? It will be a big help.





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  • Administrator2
    01-25 07:34 PM
    Congressman Flake reintroduces STAPLE Act to renew the focus on competitiveness.

    PRESS RELEASE
    Congressman Flake Reintroduces the STAPLE Act
    Bill Will Help to Keep U.S. Technology Industry Competitive Globally

    Washington, D.C., Jan 25 - Republican Congressman Jeff Flake, who represents Arizona�s Sixth District, today re-introduced the STAPLE Act (H.R. 399), which would exempt foreign students who have earned a Ph.D. degree in science, technology, engineering, or mathematics from a U.S. university and have a job offer in the U.S. from visa quotas.

    �Unless we want to see the next Google or Intel created overseas, we�ve got to enact legal immigration reforms that allow foreign-born, U.S.-educated students who have earned advanced degrees to remain and work in the country after they�ve graduated,� said Flake.

    �At a time when there�s a lot of focus on keeping the U.S. competitive globally, if we don�t keep these highly-skilled workers in the U.S. after they�ve graduated, we�re going to see the next round of high tech companies created overseas rather than here in the United States.�

    US Congressman Jeff Flake (http://flake.house.gov/News/DocumentSingle.aspx?DocumentID=221159)



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  • ashkam
    12-15 08:37 AM
    Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.

    Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.

    Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.

    But option 1 is far far better, even it needs little sacrifise from your spouse point of view.

    Or she can continue to stay by switching to F1 status.
    Thai is the best way.

    Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?

    I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.





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  • swamy
    05-21 11:55 PM
    This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.

    I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.

    Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.

    yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.





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  • Ram_C
    11-14 01:21 PM
    My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.

    The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.

    I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.

    Any inputs from people with similar experience?

    Yes you are true, FP doesn't have anything to do with EAD approval.
    However if you apply EAD online, then you will get FP notice as a part of the process.

    good luck :)





    satishku_2000
    02-21 01:09 PM
    I saw that in morning , trust me its one of those things I do on my laptop everyday in the morning.

    I try to access the page now and it shows the old one ...hehe :mad: ..

    Hopefully they are in the process of correcting/retracting ...





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    09-17 11:16 PM
    go to ECGFMG.org, you will get a lot more info and more accurate info there.



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