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  • EB2_Jun03_dude
    12-11 01:56 PM
    I had a RFE against my I-485 in last week of Nov 07. It was for medical exam, doc forgot to check one box :(

    Now the RFE has been replied to and USCIS should hopefully have no further questions on my application. But now the issue is retrogression of EB2 India back to Jan 02 (while I am Jun 03). So does that mean though my application could be cleared by the immigration officer, it will still be put back on shelf because of the retrogression in Dec 07 ?





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  • gchopes
    06-02 03:58 PM
    My company has applied for my H1 extension 3 months in advance of the current expiring H1 under regular processing

    1. Does the 240 day rule apply AFTER the expiry of the current H1 OR 240 days from the date you apply for the H extension. I hope its not the latter coz I could have told my employer to apply closer to the expiry instead of 3 months in advance.

    2. Will the 240 day rule apply even if I reentered on AP instead of H1B visa.





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  • ajju
    09-06 12:33 AM
    My friend filed on July 24 and just got his receipts.. His receipt date is 7/17. Seems all late July/Early Aug filers under July bulletin will have RD of 7/17...

    Any one to confirm or deny this... This pattern seems logical as visa bulletin was revived on 7/17 and most of the folks can't file for the 2 weeks during fiasco...





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  • cr52401
    10-02 11:57 AM
    1. Where are you planning to go? CAnada. or Mexico or your country of origin.

    Depending on the above answer the process will be different.

    I am planning to go to Canada because my PR will be ready soon and I have to land to get my cards. I am not planning to stay there. Unfortunately I was born in one of those five countries which I can not go out and in with H1. With this US immigration Retro. I really don't like to lose my Canadian profile.
    I am looking for find a way going around this issue and make sure I can come back to us without any problem.
    Please let me know if you can help me.

    EB3 from ROW, PD of Oct 2003. File RIR and transfer PD with Perm.

    Thank you.



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  • rodnyb
    03-03 01:12 PM
    http://kpkgs.com/files/The_Employment_Based_Green_Card_Process_and_the_Dr amatic_Negative_Impact_of_Country_Based_Quotas_on_ persons_of_Indian_Origin_Feb_20102.pdf

    Anyone knows the background of this recapture? This is the first time I know congress had a law for it in 2000

    Solution
    The immediate solution is full accountability of all pending applicants for employment based immigrant visas both at USCIS and DOS. Without accurate data, it is difficult to hold the agencies accountable for their actions or inactions.
    Another solution is to �recapture� lost visas. Between 1994 and 2006, USCIS underutilized the visa numbers by approving less than the 140,000 employment based applications each year even though USCIS had more than enough applications pending. Due to the statutory calculation method (explained more fully by USCIS and DOS on their websites), USCIS�s failure to timely process a sufficient number of applications resulted in the loss of approximately 349,000 visa numbers that could not be used in future years since the law prevents usage in future years. In 2000, Congress authorized the use of 130,000 these �lost� visa numbers by what has come to be known as the �visa recapture� method. However, approximately 219,000 numbers have not been �recaptured�. The current worldwide pending cases in all employment based categories is approximately 340,000 applicants. A one‐time recapture of the 219,000 unused visa numbers could go a long way to eliminating this backlog and bringing much needed relief to many applicants who currently face the prospect of becoming residents of the United States after they retire.





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  • sdrblr
    07-19 05:41 PM
    not necessarily



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  • fromnaija
    06-22 01:17 AM
    If the form specifically asks for wage/week then I believe the correct response should be in that unit. I think your lawyer is wrong here to put your annual income there. But what do I know.....I am not an attorney.

    This item deals with "Wage per week " in this field after i checked out my application lawyer gave the whole years income instead of weeks income. as i enquired he said even though "/year" is ideal to mention immigration officers know that this amount is same as that of Labor and thats not an issue . any comments please?





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  • abhicyber
    10-22 10:30 PM
    ^^^^



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  • immigrationvoice1
    04-10 08:47 AM
    I just came across this on youtube. Hope you enjoy and appreciate her skills.

    She had made nice poem out of reality that we face.

    http://www.youtube.com/watch?v=b9W1j5NCy9s

    This is so hilarious and yet so true. My wife could completely relate to Archana's poem.

    Thanks for sharing it.





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  • greenmonster
    03-26 08:25 PM
    Prashanthi,

    Thanks for your response.

    One more question ..

    While continuing to work with GC sponsor on EAD, can we set up our own LLC or an INC?

    If yes, on whose name should we register the company ? Should I register on my name or is it anyway safer to register on my wifes name?

    Does it matter anyway?

    Many thanks for your help.



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  • wandmaker
    02-25 03:49 PM
    Immigration law is federal law. You can work with a good attorney anywhere in the country via fax, phone and email.

    You are right - based on my personal experience, Like Doctors, it is always good to have an attorney physically reachable; it will be handy when the need arises. I guess, the OP is looking on similar lines.





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  • GCVivek
    04-11 04:47 PM
    Please read what the event is about. It is NOT about people asking questions on issues. It is about "How can Congress effectively use Facebook". :)

    It will be nice everyone from Texas can attend this and ask our question:

    Facebook DC Live: Sen. John Cornyn (R-Tex.) | Facebook (http://www.facebook.com/event.php?eid=105580199526052)



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  • roseball
    04-03 01:38 PM
    For all Premium Processing cases, the service center first sends a fax to the number provided in the I-907 premium processing request form before mailing the hard copy of the RFE. So your lawyer/employer might have already received the fax...Check with them...





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  • Horace Jones
    07-15 09:12 AM
    I agree that option B is the correct choice. They are looking for you to have a stable residency, so having it established as the application time nears makes the most sense. Still, I would consult with an expert or an attorney if you have the opportunity.



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  • REEF�
    06-18 11:31 AM
    If i look at those will i get shot 9 times?? :P

    Good work (even if i'm not a fan......)What a corny joke :lol:

    Nice work amit, man is that guy fugly or what





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  • number30
    11-01 11:00 AM
    Hi,
    My I797 and I94 expired on Sept 30 2009. I have applied for an H1B extension on Sept 26 2009 using premiuim processing.
    H1B extension got denied on Oct 29, 2009 after we responded to an RFE on Oct 19.
    RFE required me to provide Tax returns, company wage report and employment agreement.
    Can any one suggest what are my available options.
    How long I can stay in US?
    My lawyer is still waiting for the denial letter for more details.

    Thanks

    Apply for MTR it will give some time.
    There is no grace period for stay. But any thing less then 180 of overstay is excused based upon your difficulties. But if you cross 180 days then you cannot enter US for three year. (Search for three year ban)



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  • bondgoli007
    12-20 02:11 AM
    This was expected. Tancredo was a single issue candidate and most people of this good country are sensible. They see him for what he is. Economic hardships combined with lots of false information can easily bias even the most well meaning citizen.

    He did manage to bring illegal immigration topic to prominence and promoted general hatred towards immigrants. Personally I am happy he is out and I hope this country will be spared from any further "public service" from this abominable politician.





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  • guchi472000
    02-13 10:13 AM
    Hi





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  • nishant_u
    03-15 07:00 PM
    I am currently employed by a large US-based multinational firm on an H-1B visa. My 6 year limit on H1 expires on Nov 27, 2011.

    My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).

    Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.

    Question 1: Are these assumptions above correct?

    Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?

    I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.

    Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?

    If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.

    Question 4: Is the above assumption correct?

    Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?

    Appreciate any guidance.

    Thanks





    Chintu2009
    02-09 01:36 PM
    I am on l2 since my husband is on L1. I work full time for a US employer with an EAD. Now, what would happen to my status if my husband quits his job?





    gprx100
    03-31 09:14 PM
    My lawyer initiated the PERM process late last year, the timeline was such that the prevailing wage request was filed with State Workforce Agency (SWA) on 12-30-2009. The SWA prevailing wage determination was received back by my lawyer on the 1/11/10.

    Subsequently the recruitment process started and everything was going smooth. The PERM was supposed to be filed in the first week of April. My lawyer now is saying that they need to push the application filing because of the new rule which came into effect Jan 1st which requires all prevailing wage requests to be filed with the DOL. The rule states that:

    On January 1, 2010, the U.S. Department of Labor (DOL) changed the way that prevailing wage determinations (PWDs) are processed for the PERM, H-1B, H-1B1 (Chile/Singapore), E-3 (Australia), and H-2B programs. PWDs are now issued by DOL�s National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC. Below are updated Frequently Asked Questions about the new process.

    From my understanding the new law should not be applicable to me, since we filed for the PWD on 12/30/09. I am not sure why we need to reinitiate the process, since the new law is _effective_ as of 01/01/2010.

    Is anyone in a similar situation or anyone has any advice?



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