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Thursday, June 16, 2011

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  • mita
    08-12 08:14 PM
    Friends,
    We had updated our new address using AR-11 on all our pending applications and received finger printing notices, EAD and AP at our new address. For some reason they had not updated I-485 and when it was approved, it went to old address and was returned back. One of our friend just told us that it had happened to them also and that USCIS does not update I-485 address changes, not sure why but better to call and make sure of the update.





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  • bskrishna
    06-09 11:49 AM
    Thanks a lot for the VISA issue....

    Cant i travel via Germany to India with stolen visa issue ?

    Your travel agent should know if he/she is experienced about transit visa. Amsterdam does not need a transit visa (even with an invalid US visa). Not sure about Frankfurt.
    You will need one for sure if you travel via UK. I had some friends who had to go through a lot of difficulty for going back on a B1 visa to India via Heathrow





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  • mariner5555
    05-15 04:53 PM
    The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.

    Our problem is the least of the problems the country is facing right now.
    They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.

    So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.

    Secondly, GOVT would lose EAD renewal, AP revenue etc.

    So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
    my understanding of the US system is this ..a law passes in 2 scenarios ..one is if there is a great need due to urgent issues (example homeland security etc) and the second one is lobbying ..which takes place behind the scenes
    (for e.g. nurse lobbyists, university lobbyists - increase of student OPT, oil companies, home builders, tech lobbyists etc etc)
    earlier tech lobby was responsible for passage of most immi bills ..but nowadays they have more flexibility and hence they maynot be supporting much in terms of money. (because they simply outsource or they use company to company transfers).

    so the only hope is for a new group of lobbyists to come in the picture and the only one that I can think of is the realtors / home builders etc. (for our benefit)
    ofcourse the problem for us is that homebuilders / realtors are lobbying for passage of tax credits for new buyers etc (and hence you can see the speed at which housing bill is cruising) ..now if someone were to make a link between immi and housing ..then who knows something could happen





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  • vrkgali
    12-27 01:34 PM
    I would say wait until sulekha.com fills with ads Like "AC21 s welcome"

    to invoke AC21.:p



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  • looivy
    02-22 02:37 PM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.





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  • rajbgp2002
    07-19 04:08 PM
    http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_07-10-06.pdf



    Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
    The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
    In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
    The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
    o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
    o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
    This process is not available for applications closed on grounds unrelated to nonreceipt
    of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
    What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
    Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
    1.
    E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
    2.
    The subject line of the e-mail should read �Request to Reopen�.
    3.
    Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
    4.
    The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:

    Name of employer and correct current address.

    Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.

    Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).

    Name of the alien named on the application.
    The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
    o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
    o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
    o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
    What can I expect in response to my request to reopen?
    Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
    of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
    Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
    How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
    The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
    If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
    May I contact the BECs by regular mail instead of email?
    No, the request to re-open a case must come into the centers electronically.
    Who may make the request to re-open a case if we believe it was improperly closed?
    Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
    Do I have to submit my request to re-open a case within a certain time period?
    Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
    To whom will responses be sent?
    The email responses will only be sent to the employer or attorney who initiated the request.
    What do I do if I have not received a �45-day� letter by July 21, 2006?
    If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
    A. Attorney name and address
    B. Employer�s name and address
    C. Alien�s name and address
    D. Priority Date
    E. State or Regional location and/or number where case was originally filed
    OFLC will publish its policy regarding such cases under separate cover.



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  • webm
    04-22 04:03 PM
    Hello,
    My company's HR rep informed me that my application was selected in this godforsaken lottery. however the validity dates of H1 have been screwed up. they say valid from Oct 1st 2008-Oct 1st 2008.
    Now the lawyers are saying hopefully they will correct things before they mail out either the actual recipts or when they issue the visa. If this is not corrected they are going to apply for corrections.
    I am a little worried, should they be waiting until the visa arrives or make a move now?
    Has anyone faced this issue and if yes any advice on how to correct things.

    It could be a typo..it always happens with great uscis...

    Wait until you get receipts/actual I-797 approval notice..





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  • chillfakter
    02-11 09:50 PM
    ram_ram, I failed to mention that this is my second H-1B, there was a lapse of less than a year between the two H-1Bs, so I guess my current one is considered a "new" one instead of an extension (I could be wrong though).
    Why didn't they just give you an I-94 that was valid until Sept 2007, because of it being less than 6 months validity, is that right? Glad it worked out for you :)

    tdasara, once again, I hope this is what happens to me as well! Thanks for the response.



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  • learning01
    05-11 01:03 PM
    Audio Link (http://www.npr.org/templates/rundowns/rundown.php?prgId=3) on Internet and Click on Listen.
    A while ago, it used to be that the stream was cut off after one hour. Off late, I am not listening. Also check your local public radio. In CO it is www.cpr.org

    For funding reasons, NPR has veered away from its middle of the road position in the last 5 years. Thus, in my view, it lost neutrality and my listenership.

    can we listen to this program online?





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  • singhsa3
    09-05 12:21 PM
    No, it is not too late but JUST IN TIME.

    After this hearing, first set of votes will be taken to decide if this bill should be made debatable or not. It just requires simple majority.

    Then, the real thing begins. Debate , amendments and the final voting followed by reconcillation between the two houses.

    Even if the bill pass "as it is" we will be in MUCH BETTER POSITION " then what we are in today.

    After all, the effective green cards are increased to 725K per year , along with recapture provisions and exemption for people with certain master degree.


    From http://www.immigration-law.com/Canada.html

    List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow

    The list:
    Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
    Congressman Joe Beca, D-CA
    Congressman Ray Lahood, R-CA
    Congessman Brian Bilbray, R-CA
    Tony Wasilewsi, Small Business Owner, Schiller Park, IL
    Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
    Rev. Luis Cortes, Jr., President Esperanza USA
    Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
    Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
    David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
    Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
    Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL

    The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.



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  • Domino
    09-12 02:58 PM
    Hello,
    I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.

    I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
    As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.

    Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?

    We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?

    And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?

    Thank you for your answers!





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  • va_dude
    08-31 11:51 AM
    I think there's a whole lot of people who haven't received a notice for the second round of FP and there is a group who have received it too.

    My attorney also suggested that uscis is working on reusing the initial FP. Not sure if there's any truth to this.



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  • sanju_dba
    09-27 01:26 PM
    Dear Admin, can you please delete above post by eastindia!
    EastIndia : 94% of the voters know how to use it, and I hope you are one among them.





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  • dupedinjuly
    07-10 02:48 PM
    http://www.deseretnews.com/dn/view/0,1249,680197801,00.html

    Workers feeling cheated by green-card reversal
    By Deborah Bulkeley
    Deseret Morning News
    A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
    But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
    The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
    Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
    For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
    Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
    CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
    "There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
    The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
    "Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
    But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
    "Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
    Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
    "There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
    AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
    "We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
    Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
    The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
    Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
    "It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."


    --------------------------------------------------------------------------------

    Contributing: The Associated Press

    E-mail: dbulkeley@desnews.com



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  • gcformeornot
    12-31 10:02 PM
    Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.

    Some say it is not an issue, some say it can be an issue

    but you never know with USCIS... anyways its more than 5 months...... that got me worried....
    But I am little better now... see my signature.....





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  • radhagd
    03-14 09:36 AM
    I have tried this and I got my application returned. I know one more person in this forum has tried and was not successful.
    I think that EB3 has to be approved(not just applied) before EB2 approval

    Yes EB3 140 has to be approved and file Eb2 140 by attaching EB3 approval notice. I did it in same way and got EB2 140 approved with Eb3 PD on it.



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  • krishmunn
    05-20 01:44 PM
    Get HDFC receipt
    Fill DS -160 online (no 156 or 157). You can complete 160 even before paying fees though. You will need to upload photo in DS 160.
    2 days after the receipt was issued, take appointment (online).
    Arrange to drop the docs (copy of passport, copy of 797, Appointment Letter, Receipt) at VFS Center 3 days before interview (this step is unique for Mumbai consulate).
    Appear for interview

    You may also buy a Rs250 Ticket to Start & Stripe Lounge where you can sit inside till your appointment time (instead of standing outside in queue) and they will take you to consulate by bus right before interview. It is worth , particularly in hot (or pouring) month of July.





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  • Queen Josephine
    August 9th, 2005, 07:42 AM
    I am trained as a physicist, and crossed polarizers are a common method of managing light in physics experiments, so I decided to try that here.

    You can't use circular polarizers like most of us have for our autofocus DSLRs. Stacked C-polarizers don't black out, because they are both filtering the same light.

    With two polarizers you get weird rainbow effects from diffraction, and the whole scene tends to the purple/UV.

    Always nice to have a scientist on board seeing possibilities we sometimes miss. Thanks for the great explanation Michael!





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  • add78
    08-01 11:54 AM
    Shows the power of "phone calls" vs faxes/emails/petitions
    Awesome.





    sagar_nyc
    08-10 04:51 PM
    WOW Man It's Awesome news .. Congratulations
    \

    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)





    sportsguy131
    07-31 05:07 PM
    Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.

    Maybe I am misunderstanding your question. If so please ignore the above.

    If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.

    Hey thx a lot guys for all your help....
    To (M306M),
    The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
    Hope this helps....



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