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  • roseball
    05-04 04:34 PM
    Hi Guys

    Please read before giving your opinions: as per memo not my words:


    USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
    A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
    B. Deny the EB immigrant petition, or
    C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.

    The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.



    See links below for more data
    http://ac21portability.com/modules/wflinks/

    AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.





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  • yogirajd
    11-09 09:16 PM
    Can you tell me ur dates:
    I140 RD
    RFE received date?
    EB2 or EB3?
    Service center?

    Thanks
    I140 RD- March 02, 2007.
    RFE received date? - Aug. 16, 2007.
    EB2 or EB3? - Before RFE it was EB2 & requested EB2 change to EB3 while providing education evaluation in RFE response.

    Service center? - TSC





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  • jkm2282
    01-07 09:06 PM
    Thanks. The VO did said that the visa has been issued and the PP would be delivered to me in 5-7 days. It's been over a week now and i am getting all tensed about this whole thing. Can i just go over to the consulate and enquire about it? There is no appointment needed?





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  • dealsnet
    04-19 02:36 PM
    H1B and Employment based GC is for people in speciality fields and for the shortage of US workers for the jobs.
    It is not possible for any jobs on commission basis. PERIOD.
    You can work on OPT.

    Hello,

    I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
    in which class real estate agent falls into, EB1, EB2, EB3 or EB4???

    Thank You for your time.



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  • Adam
    08-20 03:52 PM
    That's really good too! Man, we're gonna have to have a seperate contest just for owl smilies :lol:





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  • binadh
    07-05 11:13 AM
    This means that this time it has become unavailable because total number of visas have been used. However, when it resets on OCT 1st, it SHOULD be available. This is what I am hoping for...... We'll see. Any other thoughts?

    EB2 ROW has never retrogressed.

    It can become unavailable when 140k visas are used for the year



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  • summitpointe
    04-09 04:09 PM
    :)





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  • gc_dream07
    03-04 05:14 PM
    I think you can do some community service. Check with public library or school.



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  • Springflower
    07-17 12:38 AM
    Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.





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  • RenaissanceGirl
    10-21 02:52 PM
    Oh, we have a Giants fan here eh? Boo! :P

    I'm just kidding - I really don't care who wins either way - but I do live in Anaheim, so I'm forced to hear about the Angels this and the Angels that from everyone.



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  • Jerrome
    10-19 10:53 AM
    I am just waiting for the processing date of NSC to move one day further for 140 processing(Mine is Feb7 submitted). The moment in moves by a day i will call and let you guys know the outcome.

    Thanks a lot for your advice.





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  • tabletpc
    09-24 10:43 AM
    But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.

    I am single but still I would say Family based visias should be given first preference over employmeent. They need it more than us. Think about the seperated family. GC is not stopping u from working right...?? But GC for familys separated is stopping them from living together.



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  • yorstruly
    07-19 03:07 PM
    Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.
    ...

    :D

    Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :confused:

    And yes, I am totally new to IV. The way it has been effective, I will surely contribute... :)





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  • ImmigrationAnswerMan
    07-08 10:37 PM
    Anil:

    Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.

    You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.

    I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.



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  • reno_john
    05-07 04:10 PM
    takes around 1 to 2 month. My friend got his duplicate in 1 to 2 month but need a police complaint while filing for a duplicate.





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  • helpmeExperts
    02-14 04:09 PM
    what if 140 is approved, have got EAD card but dont want to use EAD until 485 gets approved?



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  • shreekhand
    08-06 11:14 PM
    Some more data points to that calculation:

    There are 44 I-485 adjudicators at NSC (an NSC IIO mentioned that to me a few months ago) at the conservative rate of 6 apps/visa numbers (EB only) per adjudicator per day it will be 264 visa numbers per day just at NSC.

    Double that and you reach 528 per day at NSC + TSC only.
    Not including district office and consular numbers.

    Say 600 EB approvals per day * 21 working days of August would make it 12600 EB approvals in August.

    If ones multiplies that number for 12 months we reach 151,200 EB visas...which is so close to the number that was approved last year ! (Includes numbers from FB overflow)

    1% to 5% of I485 applicants register in . This figure 1% to 5% is quoted at several places and in absence of any other data, I am using this data. If we take median value of 3% worldwide EB2 approvals are around 50 and so TSC+NSC approved 1600 cases in four working days of August (400 per day).

    Median value is OK for reference, couple of places, it is quoted that 20,000 GC numbers are available for EB2. For 40 working days in Aug/Sep, it averages to 500 GC per day.





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  • forgerator
    03-22 01:17 PM
    very sad. I hope they take swift action against the culprit and put her in jail.





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  • gsc999
    07-11 01:34 AM
    Lets take this offline. It will be a shame if we let this sour our success. Let the core team figure this out with USINPAC.

    We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
    This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.





    eb3retro
    04-09 01:01 PM
    Yes I have been in US since 1991. Here is my story.

    1991 1996 - Did Bachelors in US.

    1996 -1998 - Masters

    1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.

    Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.

    I wont really believe till I have card in my hand. Difficult to trust USCIS.


    congrats dude. ur pd should be 1991 instead of 2001. You really deserve it. have fun.





    gc_perm2k6
    12-02 03:38 PM
    Could you please share how you filed SR, my h1 extn is pending for 92 days.


    You need to ask the person, who filed the extension to call USCIS Number and the representative will open SR for you if you are eligible, i.e. Your receipt date is less than Processing Dates by 60 days. Only employer can call for opening SR.



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