
nk2006
07-05 12:58 PM
possible reasons
(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.
Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.
(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.
Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.
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gc28262
01-16 04:45 PM
AC21: if my new employer is open to do either EAD or H1, what should I prefer? I want to take the least risky route.
If employer offers H1B transfer, use that and also invoke AC21.
If employer offers H1B transfer, use that and also invoke AC21.

TomPlate
01-09 03:30 PM
why i got red?????? I am saying it is going to be current.
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lostinbeta
10-20 10:09 PM
I don't have THAT many posts :P
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jsb
05-10 10:25 PM
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
It only means that for whatever reason your electronic case was accessed, which might even mean that someone was training a new employee on how to open a case. Not much significance should be attached to it, however.
It only means that for whatever reason your electronic case was accessed, which might even mean that someone was training a new employee on how to open a case. Not much significance should be attached to it, however.
gene-O
10-20 05:57 PM
Still looking for a knowledgeable response specifically to the questions asked.
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heywhat
07-26 10:07 AM
Option 1> Try to bring your wife to US before aug 17. (No risk at all)
Option 2> File it and do not use EAD and stay on H1b so you can bring your wife on H4. ( Thers is some risk. 99.99% USCIS is not going to do anything with your I485 till Oct'07 except sending you receipt. But god forbid, they approve your application before that then you are in trouble because you won't be able to bring your wife to US. Chances of happening this is very slim). Get benefit of AC21.
Option-3> Do not apply. And wait for 2005 becode current ( this is not going to happen atleast for next 3-4 years without any new legislation. And if you change job or somethingm, restart it from 0, no AC21 benefit.
In short, FILE IT....
Option 2> File it and do not use EAD and stay on H1b so you can bring your wife on H4. ( Thers is some risk. 99.99% USCIS is not going to do anything with your I485 till Oct'07 except sending you receipt. But god forbid, they approve your application before that then you are in trouble because you won't be able to bring your wife to US. Chances of happening this is very slim). Get benefit of AC21.
Option-3> Do not apply. And wait for 2005 becode current ( this is not going to happen atleast for next 3-4 years without any new legislation. And if you change job or somethingm, restart it from 0, no AC21 benefit.
In short, FILE IT....
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qasleuth
01-08 12:39 AM
Hello miss neha ,
Based on your post ....somehow I seriously doubt that you even got accepted into a premium university for MBA in the US of A ... are you sure its really premium? ... How the hell did a premium university accept an essay with such dastardly atrocious english???
your question is interesting .... and a premium university MBA person should be able to decipher the basic H1B regulations ....
The short answer ... yes if you already have a H1B visa and started work on it , you will be "cap-exempt" for subsequent "transfers" ...
Regards
Hinglish
Can you phrase a single complete sentence without '.....' ?
Dastardly means cowardly. What does "dastardly atrocious english" mean in the context of Neha's post ?
Sentences start with capital letters, need to have commas, and there should be proper usage of articles. I can point out atrocious mistakes in every sentence of your post.
Apart from your atrocious English, your profile is incorrect, your presumptions/tone is even more atrocious (addressing the poster as 'Miss', using words like 'hell'). Best of luck.
Based on your post ....somehow I seriously doubt that you even got accepted into a premium university for MBA in the US of A ... are you sure its really premium? ... How the hell did a premium university accept an essay with such dastardly atrocious english???
your question is interesting .... and a premium university MBA person should be able to decipher the basic H1B regulations ....
The short answer ... yes if you already have a H1B visa and started work on it , you will be "cap-exempt" for subsequent "transfers" ...
Regards
Hinglish
Can you phrase a single complete sentence without '.....' ?
Dastardly means cowardly. What does "dastardly atrocious english" mean in the context of Neha's post ?
Sentences start with capital letters, need to have commas, and there should be proper usage of articles. I can point out atrocious mistakes in every sentence of your post.
Apart from your atrocious English, your profile is incorrect, your presumptions/tone is even more atrocious (addressing the poster as 'Miss', using words like 'hell'). Best of luck.
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485Mbe4001
11-14 06:48 PM
ask him to fax you the copy of the letter he got from BEC, something is not right here. Show it to another lawyer. Looks like he made a mistake when he filed for your labor.
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
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at0474
01-09 02:30 PM
My guess:
No change in EB2 dates for India. Slight forward movement for EB3.
No change in EB2 dates for India. Slight forward movement for EB3.
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GCVivek
03-23 03:06 PM
If your new I-797 came with a new I-94 attached at the bottom, you should be fine. Usually, if you renew H1-B past the expiration date, you are classified under "Consular Approval" and therefore must get H1B stamped into your passport the next time you leave and want to enter the US.
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gc_rip
08-03 10:55 AM
Hi,
My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
We have just requested expedite request but may not get it in time.
She just entered into USA using AP in July.
485 was filed in Aug 07.
If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?
And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?
Thanks,
My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
We have just requested expedite request but may not get it in time.
She just entered into USA using AP in July.
485 was filed in Aug 07.
If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?
And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?
Thanks,
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mambarg
08-06 03:09 PM
Well I dont think there is a think tank there to think of what if scenarios.
They just start conservatively and increase by 6 months increment.
More or less they seem to be waiting till May/June to pull triggers and make current.
If INS cannot provide them stats of pending aplications, how will DOS know what to write in bulletin.
They just start conservatively and increase by 6 months increment.
More or less they seem to be waiting till May/June to pull triggers and make current.
If INS cannot provide them stats of pending aplications, how will DOS know what to write in bulletin.
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jest_1
03-15 08:15 AM
Even if your visa is expired, if you have valid approval notice, you do not need airport visa. You can refer to the following website: http://www.germany.info/relaunch/info/consular_services/visa/countrylist.html#except4
Exception 4 applies to India.
Exception 4 applies to India.
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webm
05-21 05:33 PM
thank you for giving me confidence...did u do e-file?
It's a Paper filing..
It's a Paper filing..
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gc_perm2k6
03-06 01:38 PM
Both the points are very reasonable. Lets try to send letters.
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shahuja
02-06 09:28 AM
i just called DOS. He asked for my visa type and passport number. He said "your visa has been issued in Jan. Call the New Delhi consulate and they should let you know if it would come through mail or do you need to go pick it up"
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
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fromnaija
09-26 01:32 PM
Hi All,
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
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shx
10-12 10:46 PM
As of October 12, 2007, USCIS has completed initial data entry and issued receipt notices for applications and petitions received on or before the dates indicated:
California Service Center
Form Number Date Received
I-130 8/30/2007
N-400 8/01/2007
All Other Forms 7/30/2007
Nebraska Service Center
Form Number Date Received
I-131 8/14/2007
I-140 8/14/2007
I-485 Employment
Based 8/14/2007
I-485 Asylee 8/07/2007
I-485 Refugee 7/16/2007
I-765 8/14/2007
N-400 7/29/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 8/13/2007
I-140 concurrently filed
with I-485 8/13/2007
I-485 Employment
Based * 8/13/2007
I-765 8/13/2007
N-400 7/18/2007
All Other Forms 9/16/2007
*California Service Center and Vermont Service Center are currently assisting in data entry of employment-based I-485 and related forms (I-140, I-765, and I-131) received at Texas Service Center between the dates of 7/28 and 8/8. As a result, some applicants may receive receipt notices from a service center different than the one they originally applied to.
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 8/01/2007
USCIS Lockbox
Form Number Date Received
TPS 9/13/2007
California Service Center
Form Number Date Received
I-130 8/30/2007
N-400 8/01/2007
All Other Forms 7/30/2007
Nebraska Service Center
Form Number Date Received
I-131 8/14/2007
I-140 8/14/2007
I-485 Employment
Based 8/14/2007
I-485 Asylee 8/07/2007
I-485 Refugee 7/16/2007
I-765 8/14/2007
N-400 7/29/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 8/13/2007
I-140 concurrently filed
with I-485 8/13/2007
I-485 Employment
Based * 8/13/2007
I-765 8/13/2007
N-400 7/18/2007
All Other Forms 9/16/2007
*California Service Center and Vermont Service Center are currently assisting in data entry of employment-based I-485 and related forms (I-140, I-765, and I-131) received at Texas Service Center between the dates of 7/28 and 8/8. As a result, some applicants may receive receipt notices from a service center different than the one they originally applied to.
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 8/01/2007
USCIS Lockbox
Form Number Date Received
TPS 9/13/2007
cagedcactus
05-02 03:39 PM
Well, good lawyer or bad lawyer, everyone here knows, that they never reveal the true story of what and where the company messed up.
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.
thanks.....
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.
thanks.....
sss2000
10-31 03:31 PM
I talked to Delta rep and she told we can transfer miles from one account to another account. But there is a big catch. You need to pay about $10.00 for every 1000 miles transfered and $25.00 transaction fee.
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