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  • keiryu
    06-28 04:28 PM
    You can have AOS and H-1b concurrently. If you have the time, I would renew your H-1B visa at the consulate and re-enter using H-1b. It is much less hassle than to return using AP.





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  • GCwaitforever
    02-09 05:50 PM
    If you could customize it to let people tell their own life stories, that would be great. I am mailing my letter tonight.


    To

    Mr. John Beverly
    Director, Foreign Labor Certification Program
    200 Constitution Ave NW, room C4312
    Washington, DC 20210

    Mr. Beverly,

    [Block A: Filler] with model text by the side ....
    [Model text:
    I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]

    Block B:
    Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
     Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
     FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
     There is a complete lack of transparency and answerability from a public agency like BEC.
     The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
     The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
     The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.

    All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
     Why FIFO has not been implemented?
     How many people are working on adjudications?
     What are the criteria for picking up a case for processing?
     Why are there differences in procedures between Dallas and Philadelphia BECs?
     How many cases have been adjudicated so far?

    Block C:[Filler]
    [Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]

    Respectfully,

    ------------------------------------------------
    xxxx





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  • smuggymba
    09-17 10:53 PM
    Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.

    Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..

    Lets find out if there is any thing in law.

    how much spillover are we talking about? In the other predictions threat ppl posted that 40K is needed just to get to July 2007.





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  • pcs
    07-30 04:11 PM
    I like many others got a PERM labor & got 140 based on PERM labor.

    Recenty , I applied 485 (based on this 140 )in this mad rush


    Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .


    The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????


    I am sure many of us double PDs & might need to find an answer to this ?


    can someone help ??

    Thanks



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  • WeShallOvercome
    07-26 12:50 PM
    You can change the address of you I-485 application online at

    https://egov.uscis.gov/crisgwi/go?action=coa

    I have done this when i moved at the end of May. I also recieved a confirmation mail that the address on my application has changed.

    Hope that helps!


    Along with changing your address online for I-485, it would be a good idea to send an AR-11 form and also call them and confirm all is well.





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  • webm
    02-24 03:01 PM
    I have e-filed along with spouse new SSN#..no issues...

    When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..


    HTH,



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  • softwareguy
    07-05 12:14 PM
    Pick your battles!!
    Battle ONE:
    Make USCIS do or prove otherwise that what they publish and say is useless. So why publish at all.

    BENEFITS:
    1. My wife can work.
    2. My son can get scholarships in college.
    3. I can change jobs - so what if it is similar.

    Battle TWO:
    When I sink in Glory of winning battle #1 - I would definitely participate in getting Visa # increased - The longer and more difficult of the TWO Battles.
    BTW - Let me know if battle # 2 is easier.

    I do not know why is everyone facing "Attention Deficit Disorder".





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  • crystal
    03-28 04:20 PM
    In the profile data EAD/AP dates are kind of overkill I guess, even though they are not mandatory fields. They add no/very little value to overall purpose.



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  • gc_lover
    06-08 07:51 AM
    Isn't it a sad irony that we are now celebrating the demise of the much anticipated CIR...which was supposed to have solved all our issues...

    Any idea what's in store for the future...

    It's a restrictionist stratergy. If you have X, and you ask for X+5 then they will threaten you with X-5. In the end, you will be happy that you have your X back and won't ask for X+5, at least for a while.





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  • tnite
    06-26 10:09 AM
    what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US.
    what should we enter as last entry into us


    Then put the Vancouver visit as the last entry.



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  • hate_me
    12-16 04:45 PM
    I got my licensed extended till EAD expiry date and they have given me an month more than EAD expiry date, this was done in Wayne, NJ, and I know atleast 20 people who got their license extended on base of EAD in Wayne. Your friend might not have provided other required documents, you just dont get license renewed on base of EAD only, you have to provide address proof, SS etc. Your friend might have missed some of the documents or he might have shown attitude to the the clerk, or that clerk might have taken lessons from USCIS employees in creating their own rule.


    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?





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  • ChainReaction
    04-02 02:28 PM
    I had filed for my 6th year h1b extension without the lawyer , I did so bec the paper work was similar to my last extension ,and i saw that lots of people on the IV forum had Filed the H1b extension themselves.

    Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?



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  • Suva
    07-20 01:51 PM
    I agree too.

    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!





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  • suman
    12-17 10:04 AM
    What is NOID? If i don't respond do i have the time to respond. How much time do i have?

    And what is RFE?

    Thanks

    No one will deny the case. You will get NOID notice to deny and if you don't respond then it is denied. So you still have lot of time to respond.

    Don't worry much, keep looking into your case history and if you suspect any RFE be prepared for it.



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  • micofrost
    07-17 10:46 PM
    Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.
    Thats why I degraded my cable service so that CNN will be blocked.





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  • ssbaruah@yahoo.com
    06-10 12:35 AM
    Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?

    Can anyone send any link emphasising this Rule so that I can quote that to my employer?
    Any advice in this respect is highly appreciated. Thanks.



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  • serg
    10-30 08:53 PM
    My lawyer confirmed that we can apply for renewal 6 months prior to expiration date.

    Lawyer? So, You don't believe what was posted on USIS website?





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  • tnite
    08-03 10:36 PM
    See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.

    So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.


    So assuming the application was received on 07/01/2007 then 14 days is 07/15 as we know that except for few no one else has received the receipts





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  • abhijitp
    08-21 07:33 PM
    My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.

    She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.

    This is exactly why a successor in interest I-140 cannot be premium processed.

    Original poster, as long as you have one I-140 receipted/approved with original LC, you should be able to send that receipt/approval notice copy and ask that they honor your new I-140 with copy of LC





    anilsal
    11-09 09:17 AM
    Why don't you do I140 via premium processing?





    desi3933
    05-04 03:46 PM
    It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.

    Incorrect!

    Since he/she has been on H1 visa status before, he/she can start work after filing for new H-1B.

    _______________________
    Not a legal advice.
    US citizen of Indian origin



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