Friday, June 24, 2011

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  • lonedesi
    11-16 05:28 PM
    I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
    My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...




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  • werc
    10-10 12:43 AM
    I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.


    How about H1B?

    If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?




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  • akhilmahajan
    09-30 02:24 PM
    If you dont mind, can you please elaborate little bit more on this?




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  • Gravitation
    11-19 12:04 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC



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  • sbmallik
    09-03 02:27 PM
    Correct! TSC is bend on approving cases with later PDs ... no other logic holds ...




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  • Sakthisagar
    10-14 10:32 AM
    Source The OH law firm

    The Oh Law Firm (http://www.immigration-law.com/)


    10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?

    The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.



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  • desi_hardcore_techie
    08-13 12:32 PM
    oye chappan... ever been to indore?
    there is a small shops complex there called chappan dukaan... very famous hangout place for all indorians... just remembered :)

    Chappan Dukaan is too good...even non indorians have heard about it...
    I just had a morning dream that EB3 will be current in coming months.
    May all EBs get current and all desis can switch jobs/companies/professions....
    Good Luck to everybody!




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  • seahawks
    11-04 01:26 AM
    non compete will not allow to work with the same client through a different consulting company.



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  • eb3retro
    06-19 10:07 PM
    Hi

    Here is my situation

    My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.

    I-140 is approved in 2005. 485 Applied in June 2007.
    8th year on H1B - H1 Valid till November 2009.

    I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.

    This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?

    I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.

    Just tired of waiting for GC and losing the opportunities, What options do I have ?

    � Should I stay put and continue to wait till I get GC in hand?
    � If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
    - Would USCIS makes the decision on my 485 right there saying it's a no go?
    - or Would they send me the RFE later on when my PD is current?
    - What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)

    Any Suggestion - Anybody?

    Need to make the decision in next couple of days.



    hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..




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  • eb3retro
    03-15 01:38 PM
    eb3retro,

    Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.

    Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.


    Thanks for the response admin, I understand your concerns.



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  • mundram
    04-20 02:09 PM
    Luckily it was Dalls Airport (DFW) for me...but in my opinion you will have to go to the (international) airport!!




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  • basav
    08-04 06:57 PM
    Hi , Thanks again for the reply.

    Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..



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  • vagish
    04-18 11:13 PM
    --
    Patience my lovelies. This may be the calm before the storm, who knows.
    Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07

    the other immigration bills are introduced by republicans, not with democratic support, so those bills are going no where. Only hope is STRIVE!!

    thanks




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  • Sheila Danzig
    07-25 10:26 AM
    In all of the years that I have been doing evaluations I have seen only two cases where a GC had a NOIR (Notice of intent to revoke) for education reasons. Both had 3 year degrees. One case was several years ago and approved and the other was recent and just submitted.

    Do you know the reason for your notice?

    Hi all,

    My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.

    But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.

    Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?

    Thanks in advance !



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  • checklaw
    07-13 10:44 AM
    My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.

    Hi Chandu,
    A quick question. Did you file AP for some anticipated travel purposes or lawyer's recommendation to simply keep extending AP also? Asking since am a 485 and EAD self filer and am looking at any recommended requirements.
    BR
    checklaw




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  • radhagd
    03-26 11:18 AM
    Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.

    What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.

    Dunno ... with USCIS and their rules ...

    I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.

    M.

    You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140



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  • looivy
    12-03 03:24 PM
    Thanks for the update. I have an appointment at Nogales in mid-Dec.

    Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.


    Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.




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  • srarao
    02-15 10:48 AM
    Best thing is call the customer service and explain step by step.
    also take an infopass appointment and explain.




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  • pa_arora
    07-16 01:18 PM
    I liked ur signature...BTW what country r u from?




    wildcat1313
    03-28 12:43 PM
    Can anyone please respond? What should I do?




    Madhuri
    04-06 10:05 PM
    Is the bill really dead? There is a different news on Yahoo.
    Can anybody explain?



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