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  • gchodhry
    02-11 10:24 AM
    Hi All,

    I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.

    As per my understanding these are the options:

    1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...

    2) I can join my H1 employer...

    Can anyone of you please suggest if these options are correct OR is there any other better option available...

    Eagerly waiting for responses...

    Thanks,
    Gagan Chodhry




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  • vasired
    08-15 03:21 PM
    Notice were from Nebraska.Recieved on 8/13 for me and 8/14 for my wife,even though both were posted on same date..good they gave up appointment at same date & same time




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  • sumanitha
    07-12 05:35 PM
    Take one by one and try to answer properly.

    1. What is CIS is returning visa #'s to DOS.?

    There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.

    2. How USCIS and Consulate can report unused Visa #'s?

    You might be reading the I-485 rejection cases by CIS and Consulate
    You might be hearing about USCIS is unable to process the applications received
    You might be hearing people could not able to file whose cased were current in June.

    All these Visa #'s are reported back

    3. To me around 20000 such numbers are available for this years quota

    4. Can my applications sneak into this #?

    Answer is uncertain.

    If your have an old priority dates then probability is high

    If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.

    5. What would August VB have?

    If they do not approve any July2 filling then here is what they will do

    a) Retain petition with old PD and adjust them in Aug
    b) Reject all I-485 application for candidates recent PD

    They are making a decision fast, that the reason Aug VB is not yet published

    6. Will USCIS reverse the new decision?

    Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.

    7. How about Law suite?

    :) Do not worry there is a slick chance. All govt depts. are inter related.
    Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.

    State--> Immigration --> Justice are all same with different names.

    I have no hope from this process. It's just building a fake hope.

    8. People are still filling the application.

    Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.

    There is no guarantee that you will process your application from XYZ law firm in Oct.

    If you file now through them, you are bonded with him until you hear some good news from CIS.

    There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.

    Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.


    Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.


    I dont think whatever you are saying is true...

    State--> Immigration --> Justice are all same with different names.

    Please be careful while you post since lot of people are viewing it.




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  • Student with no hopes
    11-12 10:14 AM
    Dear Readers,

    This topic may be totally off immigration and I am sorry for that.

    Kindly request you to take a minute and read about this noble person - Narayanan Krishnan - a selfless real life hero!

    Once a rising star, chef now feeds hungry - CNN.com (http://www.cnn.com/2010/LIVING/04/01/cnnheroes.krishnan.hunger/)

    Please vote for him and make win the CNN Hero prize money which can be used towards his trust.

    You can vote at - CNN Heroes - Special Reports from CNN.com (http://heroes.cnn.com/vote.aspx)

    Please share the word around with your friends and family!

    Thanks a lot... Appreciate your kind gesture!

    Just Voted, thanks for posting.
    Hats of to you Narayanan Krishnan



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  • mrdelhiite
    07-24 07:04 PM
    Thanks for your replies. I have shared the information with him. He just told me that he has a PD back in 2006 EB2 from his last company. He filed Labor + 140 (approved) but did not file I-485 (sorry i did not ask him or he told me earlier).. so now that his PD is fixed you guys think he should wait ?.. His Category for filing will be the same .. Does that help reducing RFE's ?

    Please suggest.

    Thanks
    -M




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  • averagedesi
    09-14 10:58 AM
    Here is something interesting

    My wife got her EAD approved for 2 years, she is suppose to get her extension only for a year as on Sep 10 when they renewed her card the priority dates were current.

    USCIS an organization that is above and beyond the laws of this country.



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  • satishku_2000
    07-30 02:10 AM
    If the applicant has US degree its good to goto canand for stamping as it will be easy for them to varify degree documents.

    Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.

    If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.

    Yes if it gets rejected...u need to take an appointment in india and return to US.


    My friend and his wife went for h1b stamping in Ottawa canada last week. None of them have any "US degrees". My friends wife was changing her status from H4 to H1. This is second time for my friend in Canada.




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  • pappu
    08-16 12:42 PM
    Fact sheet for download

    http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc



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  • vdlrao
    08-06 02:21 PM
    Its a massive hit even to some staffing comps here

    It afftects staffing companies which ever has more than 50 employees, and 50% of them are not us citizens. Can some one confirm this please.




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  • newuser
    07-11 02:30 PM
    Count me in. Just sent a PM



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  • anand3597
    12-13 05:56 PM
    Hello,

    We (my wife and I) got our CPO emails on Dec. 1st. In the US since 1997. Hopefully the details below will help you:

    1. Called Nebraska service center weekly for last ~2 months to check progress of I485
    2. EB3 (Aug. 19, 2004) to EB2 PD porting request sent in Mar. 2009
    3. Oct. 2009- was told that I485 review will need to wait till EB2 I140 approval notice is transferred from National visa center to Nebraska center.
    4. Nov. 2009- sent letters to senator and congressman requesting assitance.
    5. Nov. 20- soft LUD
    6. Dec. 1- text message and CPO emails
    7. Dec. 7- received green cards in mail

    I think the POJ calling method helped us the most in identifying why the PD porting request had not been approved and move the process ahead.


    regards,

    anand3597

    donated to IV




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  • pragir
    06-09 12:14 PM
    I just spoke to an Immigration Officer about the status of my pending I-485 application using InfoPass, and all she said was "it is waiting for a visa number". She seemed to be very ignorant of general USCIS regs and laws, but she called somebody and this is the answer she came up with.

    My category is EB2-India with PD of Feb 2004 which is current for June. So, my question to all the gurus here is: WTF does this mean "waiting for a visa number"? i told her that my PD is current, so there is no need for waiting, but then she told me that my application was received on July 2nd 2007 and I need to wait. I tried explaining that 485 receipt date has no relation to PD, but it was a lost cause.

    Any comments from the wise on this board?



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  • sbvw76
    06-02 10:59 AM
    Are you not suppose to go back to your country and come back in H1b since L1b is intra-transfer with in your company A?

    Pl. consult an attorney..




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  • indio0617
    09-28 05:04 PM
    I am sure USCIS will break this law on numerous counts on Oct 1st as all the July 2nd filers will have past 90 days on that day.

    They have already got around it. They ARE NOT receipting the applications on the actual date they receive them. They are stamping the received dates only when they 'enter' it into their system.



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  • meridiani.planum
    02-21 12:37 AM
    1. H1 (assuming in your H1petition you had requested a change of status from H4 to H1 and as part of theapproval you have a new I94).
    2. she is already outof status. 6months of out of status puts getting a green card into jeopardy.
    3. she can travel and re-enter on H4 to activate H4 status.She cant work at that point without filinganother H1 (no need to wait for april/quota etc though, since she has already been granted an H1 once). If she wants to come back with the H1 active she can get an H1 stamping, but my guess is that will be a problem as she does not have payslips.
    4. file a change of status to H4, or travel out of the US and return on H4 (assuming her H4 tied to your H1 is still valid)


    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers




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  • newlife2
    09-19 10:16 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.



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  • GCBy3000
    08-03 10:50 PM
    They would not have received even one application on 7/1 as this is sunday.

    What about I-131. That is 7/1/2007. Its confusing




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  • liorsal
    01-13 05:36 PM
    does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?




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  • desi485
    08-12 12:54 PM
    in my case, the local municipal corp in india denied providing non-avaibility certificate. Because my birth is registered and I do have birth cerficate, but instead of wrong date as in your case, in my case the first name is wrong. I had my birth-name on the birth certificate which is not un-common in india. Before I started pre-school, all my cerficates from that point onwards have my current legal name.

    I did not specified YES in the column where it asks if you were known by anyother name in 485.

    The only glitch is a first-name in birth cert is diff. from my current legal name. the name of parents, date, timing, family name, birth place and everything else is true and correctly mentioned.

    how much chances do you see for me to get an RFE on this?

    My lawyer told me to submit Affdevits from my parents which I did, along with original birth certificate with wrong first name. My parents also mentioned that I was given a pet-name at the time of birth, and then decided for my current legal name. I know this is complicated...

    I found 'usa consulate' in UK website talking about such case. It suggests to have affidevits, and EARLY school records, affidevit from priests etc. who performed any religious naming ceremonies etc as the acceptable documents.

    I am keeping my fingers crossed.




    GIC
    01-01 03:31 PM
    No FP yet. Called TSC N number of times. Opened SR long ago. Got SR response letter but no FP notice.


    I-485: July 2nd TSC
    Online ND: Sept 10,2007

    Filed July 2nd and no FP yet after two SRs. Not sure if we should be concerned!!!




    digitalborealis
    01-10 10:51 AM
    That probably was unnecessary and may triggered the additional check due to export control of high end researches.

    I can imagine.. I work on Assisted GPS platform on US Wireless Carrier Phones. So When he heard GPS, he (VO) must have raised the flag. Having said that, I am a direct employee, not through any consulting company or so. it is just a matter of time. Just wait and watch.

    I will update any reply I would get.
    D



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