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  • guyfromsg
    04-29 11:50 AM
    My LC (non-RIR) is stuck in BPC since Feb'05 which is also my PD. After lot of convincing up to my VP level they finally at least agreed to have a healthy discussion with lawyer to see the pros and cons of converting the application to PERM while retaining PD.

    My understanding is, there is no conversion. The old application from BPC has to be with drawn and re-filed under PERM. I meet other requirements to keep the PD like same job title etc..

    Question is, H1 expires in Feb'07 and will apply for extension in Aug'06. Should I wait till Aug to have H1 extended using premium processing and then convert to PERM. Is there a risk of re-filing under PERM prior to H1 extension. PERM takes few months for the company to prepare, can they kick start the process now without withdrawing the LC?

    thank you.





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  • icecold_astro
    09-29 09:53 AM
    Thank you very much for your prompt reply. That cleared a lot of confusion. If I apply lets say, 3 weeks before the expiration of her I-94, does she have to leave as soon as her current I-94 expires of can she wait for the decision? I she can wait what status will she be in once her current I-94 expires and the extension is still pending?





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  • utthesta
    10-09 09:44 AM
    Why is receipt date different on the I485/EAD.

    I am reading some of the posts from other members.
    Their receipt data on the EAD is different(at least 1, 2 months delayed) from the date USCIS actually received their application. I thought USCIS is going to honour the actual date when they received the application by mail.
    It is obviously more than 2 months late for many of the applications.

    If some one to use AC21 portability, what exact date is honoured? the date when USCIS received the application or the receive date printed on the EAD?
    Is the date when USCIS received is stored some where?

    In my case, I filed my I485 on July27 at TEXAS Service Center, I received a notice on Oct 6 from CALIFORNIA Service Center, Details below :

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Receipt Date : Oct 1, 2007
    Notice Date : Oct 2, 2007

    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
    On October 2, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.....

    Now, I am not sure, what exactly is my Received Date. And how it went to California Center? I have confirmation from FEDEX tracking that it is delivered to Texas Center.





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  • eilsoe
    10-20 03:01 PM
    vts: It's that simple yes! :) I just made 2 cameras and placed them just like two eyes, then rendered each camera view...

    Really simple... :)



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  • wandmaker
    07-14 04:42 PM
    I have 140 approval notice in mail like 1.5yrs back...just today i put the reciept number on USCIS website and it says still pending..i called USCIS and they say they wont be able to discuss my case since 140 is employer specific only....my employer is sayin dont worry and dont bother about online status...i just want to make sure my 140 is really approved and USCIS has the correct update while lookin at my 485 file...i dont want them to put my 485 in hold just because of they thinkin 140 is not approved...

    EB2 - Sept 04

    As long as you have approval copy on hand, you have nothing to worry. You should be concerned only if the status reads as 'case reopened and pending'





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  • sundeep14
    07-14 04:39 PM
    I have 140 approval notice in mail like 1.5yrs back...just today i put the reciept number on USCIS website and it says still pending..i called USCIS and they say they wont be able to discuss my case since 140 is employer specific only....my employer is sayin dont worry and dont bother about online status...i just want to make sure my 140 is really approved and USCIS has the correct update while lookin at my 485 file...i dont want them to put my 485 in hold just because of they thinkin 140 is not approved...

    EB2 - Sept 04



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  • wandmaker
    01-01 07:07 PM
    H1B LUDs may be due to PIMS data collection, I heard most of the H1Bs approved after Jan 2004 had LUDs and the status did not change; and 140 could be a regular system touch.





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  • Blog Feeds
    05-25 08:30 AM
    As the H1B season (http://www.h1b.biz/lawyer-attorney-1137085.html) still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.

    The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.

    VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:

    * Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
    * Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
    * Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
    * Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.

    All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.




    More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)



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  • justAnotherFile
    03-21 01:04 PM
    Looking at the responses from admins and core group on the Frist Bill threads it appears that the strategy for IV is to
    (i) Send mass faxes to senators to establish IV as a significant org
    (ii) Use the above leverage and QGA contacts to try and include additional favourable clauses in the bill while still supporting the bill as is.

    The 2 main broad clauses that everyone seems to have consensus on is

    (A) Re-instatement of AC-21 (paragraph 5) in full so that oversubscribed countries are eligible to use left-over visas from the rest of the world.
    (B) Ability to file I-485 while the visa number is retrogressed.

    This thread is to discuss alternatives for these 2 main clauses so that various options can be discussed with Senators if they are not willing to put these clauses as is:

    For example:

    (A) AC-21 clause alternatives
    1. Put in the clause for a limited time period like 5 years, this will relieve the curretn backlog as well as make sure that the immigration per country numbers are not skewed for ever.
    2. Increase the per-country limits to 25% so it may be skewed but not that much
    3. Increase the per-country to 25% for a limited period of time ( 5 years)
    4. Have per country limit 10% on current year only. But for recapture from previous years do not impose per country limit.

    (B) Filing I-485 when priority dates not curretn
    1. allow for filing if I-140 approved and priority dates stilll not curretn
    2. allow for filing of 6 months has passed since I-140 approved and priority dates curretn
    3. USCIS favourite :-) allow filing if 45 days has passed since I-140 has been filed and priority dates not curretn.


    Pleas pitch in with alternative ideas on these 2 main clauses.





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  • GCmuddu_H1BVaddu
    06-25 06:09 AM
    I don't think anyone around can predict. Post the outcome after your cruise trip.

    BTW, if I were you in J-1 situation I will stay at USA instead of the ship @Victoria. (I am not sarcastic, that is what I do).


    I�m J1 visa holder and I�m planning on a vacation for Alaska cruise
    during my grace period.

    Here�s my trouble. I know J1 visa holder can�t go outside from USA during the grace period. But Alaska is also one of states of USA.
    I also know that cruise visit to Victoria in Canada. But I will stay at my ship instead visiting Victoria. Is it ok to go legally? I mean �. can I go back to USA after Alaska cruise without any problems?



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  • Ectheo
    04-08 12:45 PM
    Hmmm....Tool, APC, and In Flames....I like you. You know good music when you hear it.

    Nice stamps, btw.





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  • pappu
    03-10 04:33 PM
    Thanks. Any ideas how we can make the WIKI popular. We should make this a useful resource for everyone.



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  • tinku01
    07-10 10:53 AM
    Hi, I am trying for visitor visa for my mother and she can not attend interview in English. I have been trying to get interview date in Hindi but for the last 7 weeks,it has been showing no availabilty of visa date in Hindi although English dates are available.
    Anybody can help us in this regard. We are trying at New Delhi consulate. :o





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  • fasterthanlight�
    05-21 01:55 PM
    Here's two different versions



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  • eadguru
    10-30 08:21 PM
    Query on Advance Payrol. Send Clear Copies of Passports and I 94 Cards.
    Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.

    I appreciate your suggestions..





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  • rama0083
    11-26 03:24 PM
    Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
    7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.

    My cousin (unmarried) is on an E-3 visa. But if I remember correctly, an E-3 visa holder cannot have immigrant intent. So the "immigration petition filed" question might create trouble. You should consult a lawyer.



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  • Krilnon
    02-28 09:35 PM
    Welcome! It's going to be good to have a member who knows how to wield the weapon in your portrait. :P

    Great entry!





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  • gclabor07
    08-25 07:34 PM
    Friends,

    I am in a difficult situation. I am in my 6th year. H1B expires Feb 2008.

    My company filed labor last year November 2006 and it was denied due to some specific language missing from our application like "All suitable combination of education, training or experience" acceptable. So we ended up refiling our PERM application in July 2007 in Atlanta DOL. It has been pending since then.

    Now, because my H1B expires in another 5 months, it is absolutely necessary for me to get PERM approved, then apply I-140 using premium processing and then apply for H1B extension. Based on Atlanta DOL's speed, I'm hoping my labor may get approved in October or November. Last year, when I changed my company, I didn't anticipate that my labor will get denied and on top of that USCIS will suspend I-140.

    Does anyone have any insight on when premium processing for I-140 may start again? What strategies do you offer to extend H1B?

    Thanks.





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  • mnq1979
    06-30 05:15 PM
    I have a question, on 25 june i got a RFE, i have not received it yet neither did my lawyer. The case status shows that both me and my wife got the RFE. I think its most probaly to produce the Birth Certificate.

    My wife BC is in the process and i think i will be able to get it by the end of the week.

    My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.

    PLEASE ADVISE. THANKS IN ADVANCE!!!!





    vennella
    06-18 02:46 PM
    Thank you frostrated for your reply!

    I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
    So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.





    flashbabe
    11-30 10:47 AM
    I had to look up the meaning of WPF :)

    No - I'm using VS 2005 .NET. It is a standard Windows Application Form in C#.


    The combo box selected index value change causes 2 panes to change. The one pane allows the user to Update information of the Item in the selected index. The other pane displays all database elements FKeying to that item.

    So sometimes the user may update the portion of the information that is set as DisplayValue in the combobox. The object itself is updated, but the combobox text remains as the old value.

    I'm essentially looking for a best practice in doing this. Whenever updating a member of the combobox should I rebind the datasource? I tried using the Refresh() and Update() methods but they do not update the display value.