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  • unseenguy
    05-16 03:49 PM
    How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.

    CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.

    There is nothing to be scared of in the interview. If you are skilled immigrant from any country and your case is genuine, what are you scared of in the consular interview? Attorneys here will always ask you for I485, sure it helps most people than those filing CP , but there is also economic advantage to attorneys suggesting this option.

    As I said, those from non retrogressed countries can file concurrently, also those countries such as India which are experiencing wide swings in visa bulletins are able to file concurrently. If I140 is NOT approved and date is current, it makes sense to file I485 as it gives you additional protections by law.




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  • GoneSouth
    03-16 08:29 PM
    GC: O*NET codes are used by the Department of Labor to classify occupations. The dictionary of O*NET codes can be found here: http://online.onetcenter.org/ You can click on the "Find Occupations" link and us the various search facilities to find the occupation that matches closest to your current and proposed future position.

    AJ: sorry, can't help on the priority date question. I think this has been covered in other posts on these boards though.




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  • calboy78
    11-10 03:02 PM
    I will send email(s) to consulates and ministry of affairs UNTIL they hear us. They can't take us for granted and create the rules like they want for different consulates.

    PS: I got mine renewed (10 yr validity) this year from SFO, with expired visa, without a problem.




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  • gimme_gc_asap
    12-27 12:03 AM
    Thank you. always good to hear some sane voices.


    Please think:

    A. WHY will ACLU assist us? Only because Ms. Singh is there?

    B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.

    C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...



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  • gsrknth
    08-22 12:18 PM
    e-filed EAD renewal on 5/27 TSC
    FP:6/21
    still waiting....

    EB2 i
    PD:10/05, I140 approved 2/06

    Weird!! E-filing should be fast , instead it is slow !!!! I have some friends who e-filed before me and still pending .




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  • immi2006
    08-08 06:22 PM
    I guess N +1 syndrome :-)
    And you know this how?:confused:



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  • ppt.b
    09-11 10:08 AM
    Our checks were cashed on 09/04 and our lawyer has still not received our recipts.However we received FP yesterday by mail and our appointment date is 09/25.
    We are waiting for our receipts and EAD.

    So expect your FP notices anytime.






    My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.

    I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.

    1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
    2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
    3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:

    a) When did you receive the AOS receipts?
    b) When did you hear about the fingerprinting and how?
    c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.

    Thanks,




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  • chanduv23
    03-14 12:07 PM
    Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.

    HISTORICAL BACKGROUND OF RETROGRESSION

    Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

    PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

    Employment-Based First Preference / EB1

    Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

    Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

    This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    Double Dipping

    Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

    CONCLUSION

    We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.

    This trickling effect was already discussed. It is from murthy.com .



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  • needhelp!
    05-15 06:10 PM
    Please make those calls NOW and take the poll on this thread:

    http://immigrationvoice.org/forum/showthread.php?t=19113

    Folks,

    Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.

    Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.

    The message you have to deliver when calling these offices is

    I would like Representative "Representative Name" to co sponsor bills HR 5882, HR 5921 and HR 6039, sponsored by Zoe Lofgren. Both of these bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.

    DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS

    Only if the staff member bring up the issue of CIR, in that case say that -

    In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.

    .



    Ruben Hinojosa
    phone: 202-225-2531

    Hilda Solis
    202 225 5464

    Ciro Rodriguez
    202 225 4511

    Lucille Roybal-Allard
    202 225 1766

    Raul grijalva
    ph (202) 225-2435

    Charles Gonzalez
    Phone: (202)225-3236

    Dennis Cardoza
    (202) 225-6131

    Jim Costa
    (202)225-3341

    Henry Cuellar
    phone: 202-225-1640

    Senator Robert Menendez
    202 224 4744




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  • s.m.srinivas
    03-31 10:42 PM
    Company A in my case has not revoked my H1B, it's still in valid status. I had been to India too & I came back with same VISA on MARCH 12 2009. I have mentioned in the post also.
    "snathan", can you tell me what are the options for me now in this situation?



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  • PD_Dec2002
    07-06 11:19 AM
    Jayant,

    Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

    Once again thanks for the advice. Let me rephrase my question:

    (a) At this point can I file for PERM processing (five months left on H1)?

    (b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

    (c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

    At this point, I am loooking for extension of one year. Is there any way I can do this?

    Thanks a lot again,
    Savitri Bhave

    Answers to your questions.
    (a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
    (b) No.
    (c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.

    Good luck

    Thanks,
    Jayant




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  • ganguteli
    03-27 10:28 AM
    Just an idea, if emails or letters doesn't reach Obama...may be IV should consider an open letter to Obama,Congress and Senate by buying space in major news papers
    and suggesting the obvious economic benefits(buying homes, home renovations, buying durable goods etc) of speeding legal immigration.

    Just one space buy in a major newspaper will cost 10s of thousands of dollars. I think it is a waste of money.



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  • vegasbaby
    02-19 07:23 PM
    I thought this might be of your interest.

    Home - Upgrading to EB2: Can I use the same job? (http://www.immigration-information.com/forums/content/155-upgrading-to-eb2-can-i-use-the-same-job.html)




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  • aaaa4321
    08-31 10:01 AM
    Hey guys I guess now interim EAD is possible if application is pending for 75 days.Got this information on murthy's site(In weekly Bulletin).Below is the link
    http://www.murthy.com/bulletin.html
    I hope I understood it correctly.
    What do all of you say?



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  • reddy77
    04-12 02:20 PM
    Gurus, I just got an email about RFE on 485 application for both of us (myself and wife). My PD is Sep 2006, EB2, not sure why the application got opened and whats the RFE about. I am still working on h1 (renewed based on approved 140) and still has 1.5 years left. Is someone on the same boat, i mean RFE's on 485 though PD is not current??? If the RFE is about my employment, would my wife also get the RFE ?? I am with the same employer from almost 6 years.Do i get the copy of RFE too or just the attorney?? Thanks Guys, appreciate your help ....




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  • md2003
    11-19 10:53 AM
    Does it required 6 months pay stub (till Dec 29th -- for July 2nd files) or after 180 days we can move to any company whether you have last month pay stub or not. Generally most of the companies hold 15 days amount.



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  • nrakkati
    08-15 02:20 PM
    Is your packet is signed by R.Williams? where is your I-140 approved? and what is your PD?

    I don't know who signed mine. I don't see that info when I enter my tracking number in USPS.com

    I did not purchase "signature" service when I mailed my package.




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  • hpandey
    03-22 02:50 PM
    Did your new H1 come with an I-94 attached at the bottom or not ? If not then it means that you have to go out of US and get the H1 visa stamped. Also it means that you are still out of status since you do not have a valid I-94.

    Yes potentially as per law you could be barred entry to US for 3 years but sometimes if you do everything legally the CBP officers overlook that. It all depends at the officer at the consulate for stamping and then at the port of entry.

    You can hope to be lucky but what your lawyer says is correct.

    Best of luck.

    I am not a lawyer so your lawyer's advise would be best.




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  • taxila
    10-17 03:10 PM
    Hi ArunAntonio,

    I recently booked a visa appointment for my daughter at Chennai consulate. You need to fill both I-156 and I-157. The problem you are facing may be due to pop up blocking. Disable the pop up blocker for the vfs site. It may work. It worked for me.

    All the best.




    samcam
    05-23 10:53 AM
    Good job Salil..




    satyasaich
    05-01 09:54 PM
    nviren

    Any person who can understand the dynamics of US career will never question about tour india trip, as long as
    1. you have a valid job with clean record of say, most recent W2, recent pay stubs etc;
    2.appropriate supporting documentation from the employer

    Also, the usually we get around 3 weeks, sometimes up to 4 weeks of vacation(if lucky) time to go india.that it self speaks everything.
    on a personal note, i should go to chennai based on my birthplace, which is AP, but instead i've opted New Delhi as my choice because i got the interview date that suites to my itenarary. no questions asked at the consulate, but remember you have to carry all the needed documentation

    Bkarnik,

    I was also surprised to see appt available in May at Mumbai for regular (non-emergency). Only for the moment though. After May, the earlist available was in first week of Oct 06. You get to know that only when you actually want to make an appt.

    ujjvalkoul, satyasaich,

    About the emergency appt for returning H1, I am bit confused. Won't they ask: "Ok, so you are returning H1. So what was an emergency that you needed to travel and needs visa for?" if you have no business emergency?

    Has anybody here, a returning H1B, actually got a stamp through emergency appt by just saying that he is returning H1B and without showing any proof of a need of an emergency travel?



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