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indianabacklog
01-28 01:58 PM
I am sorry to hear you are still wading through the labor cert stuff. Mike Delph has little or no knowledge of how the immigration system works. My family and I found this out over six years ago when he worked for Dan Burton.

Wishing you all the best.
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BeCoolGuy
04-16 04:29 PM
Stay on H1B. Renewal does not have any such strict health checks or anything required. Use EAD as a backup only!
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pitha
03-20 03:48 PM
predicting cir future has become semilar to the "visa bulletin prediction" nobody knows anything about it. For every article which says cir might happen there is an alternative article which points out why cir will not happen. There seems to be universal concensus that if cir is to become a reality it has to be passed by august september time frame after that it is political season and it will be lights out for CIR
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clockwork
08-26 01:09 PM
Clockwork : Yes I am talking about LUD on approved
I-140. Even I have the same date, so I was just curious. Good to know that yours is cleared. Mine may be next week....

Yeah. Best of Luck. I believe, most of the cases submitted on July 2nd will be receipted before this month end. Thanks -
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nixstor
09-07 04:00 PM
1a) Both translated and original are needed and might be sufficient. As of my knowledge, they are issuing them in local language and English currently in my native place.

1b) DOB Cert by itself from the Consul's office will not be sufficient.

1c) Every 485 applicant needs DOB certificate. So your wife does.

3a) It depends on a variety of things like if you had chicken pox before or not. If you had been to school in US and have any immunization record / some sort of health record you submitted to them when you came in, the doctor might accept it. AFAIK, It is a 1 hr process how ever appointments might be 2 weeks away :)

3b) Tests are valid for one year.

http://www.uscis.gov/graphics/formsfee/forms/i-693.htm
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Miya Maqbool
06-17 03:47 PM
If you have your 140 approved, then if Emp A withdraws may not cause any damage, but if your 140 is not approved and if Emp A withdraws it, certainly cause a big damage.

What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)

Thanks
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eagerr2i
07-20 01:38 PM
Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.

The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
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07-31 12:33 AM
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xeixas
09-08 10:43 PM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)

How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?

This is way too confusing...
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gimme_GC2006
08-10 09:01 AM
It takes about 1 to 2 weeks for the information from FBI to be tied to your case. So when your SR was raised, the inormation might not have been available yet.

So, if you do not get greened by end of this month, raise another SR request or take an Infopass.

Are you sure that it takes about 1 or 2 weeks? I have seen in this forum people getting approved few days after finger prints?

Just trying to understand, if it is a fact or gut feel
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hoosier07
07-25 05:37 PM
You can apply for a duplicate with the form I-824.

http://www.uscis.gov/files/form/I-824.pdf

Thanks! Anyone done this before, I am wondering how long it would take for me to get a duplicate copy.
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Ramba
03-28 10:49 AM
Ramba,

We're definitely working on this issue and I am sorry that I am not able to go into further details.

202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.


Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.

Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.
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sankar_203
09-25 01:35 PM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?

You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.

Please advise.

I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..
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chris
10-17 04:37 AM
Hi Kitiara,
I get asked to make quite a few banners for different companies and through trial and error I have found that once you have created your images in photoshop and saved them at the lowest file size as possible without losing any quality, open the images up in fireworks and create the animation there using frames as I find fireworks optimises gifs muchbetter than photoshop,
(And believe me it hurts me to say that as i'm a big photoshop fan).

I'm sure your aware also that the more frames you use the bigger the file size is going to be so its always best to use the least ammount of frames needed and adjust the frame speed of each frame to get the required effect.

By the way I love looking at the images you create when you post them do you have a tutorial website where I could create one for my nickname of The Bandit:bandit:
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GCard_Dream
07-28 04:37 PM
--

Make sure that everyone in the family who has a pendng 485 has the travel document (AP); otherwise 485 will be considered abandoned.

-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.

If you are traveling by road and the trip is < 30 days, just use Automatic visa revalidation and do not surrender I 94 and come back on the old I 94.

-- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.

If you are travelling by air or if trip is > 30 days, surrender I 94 and you can enter any way (on H1/H4 or AP does not matter as long as everyone HAS an AP).

Good Luck with your trip.
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07-11 12:56 AM
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sravani
05-11 06:00 PM
here is another questions I need to ask, if anyone can plz get them answered it will be great.

1. There was I-94 attached which was also lost. Recently, we transferred H-4 to iGate, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?

It's important to keep the arrival i-94 document. You can use the following document to get the I-94 from Department of Homeland Security.

http://www.uscis.gov/files/form/i-102.pdf
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purplehazea
05-31 12:45 PM
I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.

Here are my case details:

- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant

Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?

Most of the time they will just verify some of your application details verbally. The fact that this is an AOS interview should give you positive hope instead of negative feelings. In my experience they will never schedule an appointment if they have queries or doubts about your status, bro.
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pappu
02-02 02:54 PM
House Immigration Subcommittee Holds Hearing on Naturalization

On January 17, the House Immigration Subcommittee held its first oversight hearing of the year, and the subject was the naturalization processing backlogs. Due to a confluence of factors, including a very significant fee increase that went into effect on July 30, 2007, U.S. Citizenship and Immigration Services (USCIS) received approximately double the number of naturalization applications in its Fiscal Year 2007 than it had during the previous year. USCIS is saying that, as of now, anyone who applied for naturalization after June 1, 2007, can expect to wait 16 to 18 months to have their application processed.

Remarks by Subcommittee Members

In her opening comment, Representative Zoe Lofgren (D-CA), Chair of the Subcommittee, noted that one year ago, the Subcommittee had a hearing on the proposed fee increase, and was told by USCIS that it need the fee increase to increase efficiency. At the time, the processing time for citizenship applications was six months.

Representative Steve King (R-IA), the ranking Republican on the Subcommittee, played the role of immigration historian. In his opening statement (and in his questioning), he focused almost exclusively on the INS� Citizenship USA program of ten years ago�back in the day before computers were standard issue in the immigration agency. In that effort to deal with a naturalization backlog, some applicants were granted citizenship before criminal background checks were completed, and some who received citizenship were found later not to be eligible. (Since then, however, much more stringent processes have been put in place to screen applications for naturalization. And the agency now does have computers.)

USCIS Director Emilio Gonzalez

Emilio Gonzalez, Director of USCIS, gave some background on the development of the backlog and summarized what USCIS was doing about it. During June, July, and August of last year, USCIS received three million immigration benefit applications of all kinds. Their first priority was issuing receipts for those applications. Next, they processed and sent work authorizations, which they are required to do within 90 days.

In the meantime, a large number of naturalization applications piled up. To deal with the extra workload, USCIS is hiring 1,500 new employees (in addition to the extra staff they planned to hire after the new fees went into effect). The agency is also re-hiring former (retired) employees. While waiting for the additional staff to be trained and deployed, the agency will be asking current staff to work overtime, using budgeted overtime early in the Fiscal Year.

Other steps are also being taken. Still, Mr. Gonzalez noted (in his written testimony) that it will take until the third quarter of Fiscal Year 2010 before the agency is back to a six-month processing time.

During the question and answer session, there was a fair amount of discussion about a portion of the backlog that preceded the surge in applications and was caused by a delay in the background checks conducted by the FBI. Some individuals have been in limbo for well over a year waiting for clearance from the FBI, and Mr. Gonzalez noted that last year more than 5,000 lawsuits were filed against the agency�80% on the FBI name check delays. The FBI, he said, has a paper-based system that is only beginning to be addressed. For now, it takes people to handle the files. The FBI has brought on some additional contract personnel and full-time employees to work on this problem.

Rep. Lofgren said that she would ask the FBI to come before the Subcommittee to explain its perspective on the name check delays. [Subsequently, we were told that the full Judiciary Committee will have a hearing with the FBI on a range of issues, including the name check issue.]

Non-Government Witnesses

Also testifying at the hearing were Arturo Vargas, Director of the National Association of Latino Elected and Appointed Officials and Fred Tsao, Policy Director for the Illinois Coalition for Immigrant and Refugee Rights. Mr. Vargas said that his organization kept USCIS apprised of its efforts to get immigrants to become citizens and the agency should have taken that information, plus experience with past fee increases, into account to take steps to be better prepared for the surge in applications. NALEO is recommending that the agency focus sufficiently on reducing the backlog so that all immigrants who applied for naturalization in Fiscal Year 2007 (which ended September 30, 2007) are sworn in as citizens by July 4, 2008. Otherwise, many immigrants who applied for citizenship last summer will not be able to vote in the elections this November.

Mr. Tsao echoed the point about USCIS having ample information that a surge in applications was coming. He recommended that USCIS (and the FBI) report regularly to the Subcommittee regarding progress being made on reducing the backlog.

In concluding the hearing, Rep. Lofgren suggested that she might also conduct a hearing on the agency�s information technology.

Additional Information

In a subsequent meeting with community-based organizations, Michael Aytes, Associate Director for Domestic Operations of USCIS, gave some additional specifics on the status of the naturalization backlogs. He noted that the total number of new employees being hired will be approximately 3,000�between the additional staff they are hiring to deal with the backlog and the extra staff being paid for by the fee increases. Regarding the FBI name check issue, he noted that, during the House hearing, every member of the Subcommittee�Republican and Democrat�inquired about the name check issue, and that this issue is now being dealt with at high levels both in the Justice Department (in which the FBI is located) and in DHS. He indicated that decisions have been made on the hiring of many of the new adjudicators that are being brought on board, but training and placement are still weeks away, at least.

He also said that the agency is starting Saturday and evening interviews, and applicants should be encouraged to make every effort to show up for their interviews.
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desigirl
12-02 09:38 AM
What are chances of Dream Act?
What are the chances of including our provisions in the bill?

What happens if the bill passes without our provisions?
What happens if the bill fails?

WHAT ARE OUR CHANCES IN 2011?
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saileshdude
08-28 10:32 PM
I just booked tickets for an emergency 1 week trip to India and 30 mins later got a CRIS email

---------------------------
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
-------------------------------

Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).

I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
So with
a) H1 Revoked aug 28th
b) Address changed
c) AC21 not filed
I am thinking of not travelling. Am I overreacting here ?

You mentioned emergency in your post. If there is a medical issue regarding a near-dear family member or a really important event (may be immediate family members wedding) then you should go. These are more important things in life. Believe it or not when you look back that this in future you will regret the decision of not going if its truely an emergency.

Most likely nothing will happen. Just take the offer letter with you from the new company descibing that your new job duties are similar to old one and also take copy of AC21 law.
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