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  • JunRN
    08-26 03:22 AM
    It seems that all those whose application were sent to TSC, directly or indirectly, are very lucky. TSC has a way to fast-track the processing of applications. It is indeed much more efficient than NSC.




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  • fromnaija
    07-23 12:45 AM
    CSPA is the law that tries to protect dependant children from aging out. If you are over 21 at the time priority date becomes current, USCIS will deduct from your age the time I-140 was pending. Howver, if your age is more than 21 even after all the calculations, then your application will be converted to family-based. This will mean you will not be getting your green card very soon. I believe that in your case you should be eligible for an immigrant visa given the data you provided.

    yes we already have an attorney in US

    i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?

    what is the solution then?

    does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?

    does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?




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  • ksvreg
    09-25 02:20 PM
    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..

    In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.




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  • kumaabh
    01-09 12:16 AM
    dude post problems in threads in correct english.



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  • snathan
    02-12 12:55 PM
    To Whom It May Concern:

    My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.

    What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.

    Please advise.

    Thank you so much for your time!

    If I were you...I would start the PERM now and if anything goes wrong, I would go to canada and come back after a year. If I get the PERM approved, I dont have to lose anything.

    You never know. When you have back up why you worry.




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  • roseball
    07-28 03:10 PM
    We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
    Thanks in advance

    -Krishna

    I e-filed my AP renewal on May 25th, mailed the supporting docs the next day. TSC approved my AP on June 19th and I received the AP in mail on June 21st.



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  • saileshdude
    08-26 03:20 PM
    My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.

    Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.

    Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.

    Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.




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  • vin13
    10-08 11:44 AM
    I am in the similar situation too...but I got time till Jan

    Does anyone know how long it takes to get AP aprroved.



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  • shana04
    08-05 01:50 AM
    Dear IVans,

    After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).

    My dependent (my spouse) has not received her FP notice yet.

    Questions:

    1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.

    2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work

    3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?

    Gurus, Please answers/provide your experience/suggestions to the above questions.

    Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.

    I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.

    Hope this completes my cases.

    Good luck to all and my best wished to every one (EB2 & EB3) mates.




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  • xyzqwer
    01-23 07:12 AM
    Apply for CP asap it takes about 6 months from the date of application to get the GC if you are current. In the meanwhile re-assess your situation and apply for the H1-B in the interim you may have a denial but the CP is still in queue and H1-B rejection has no bearing on the CP application. If and when you are alloted the number for the resident status they cannot deny your GC on any other reason but that the company was a fraud or your petition had fraudulent information. If you do not meet the conditions above then your app is in jeopardy. Hope this helps. Good Luck

    Thanks for the reply! That was very helpful .

    Do I still have to be employed by my original sponsor when i get the appt after 6 months?

    If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?



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  • purgan
    01-06 11:20 PM
    What the failure to pass the Appropriations bills means to American science...

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

    NEW YORK TIMES
    January 7, 2007
    Congressional Budget Delay Stymies Scientific Research
    By WILLIAM J. BROAD

    The failure of Congress to pass new budgets for the current fiscal year has produced a crisis in science financing that threatens to close major facilities, delay new projects and leave thousands of government scientists out of work, federal and private officials say.

    �The consequences for American science will be disastrous,� said Michael S. Lubell, a senior official of the American Physical Society, the world�s largest group of physicists. �The message to young scientists and industry leaders, alike, will be, �Look outside the U.S. if you want to succeed.� �

    Last year, Congress passed just 2 of 11 spending bills � for the military and domestic security � and froze all other federal spending at 2006 levels. Factoring in inflation, the budgets translate into reductions of about 3 percent to 4 percent for most fields of science and engineering.

    Representative Rush D. Holt, a New Jersey Democrat and a physicist, said that scientists, in most cases, were likely to see little or no relief. �It�s that bad,� Mr. Holt said. �For this year, it�s going to be belt tightening all around.�

    Congressional Democrats said last month that they would not try to finish multiple spending bills left hanging by the departed Republican majority and would instead keep most government agencies operating under their current budgets until next fall. Except for the Pentagon and the Department of Homeland Security, the government is being financed under a stopgap resolution. It expires Feb. 15, and Democrats said they planned to extend a similar resolution through Sept. 30.

    Some Republicans favored not finishing the bills because of automatic savings achieved by forgoing expected spending increases. Democrats and Republicans alike say that operating under current budgets, in some cases with less money, can strap federal agencies and lead to major disruptions in service.

    Scientists say that is especially true for the physical sciences, which include physics, chemistry and astronomy. When it comes to federal financing, such fields in recent years have fared poorly compared with biology. The National Institutes of Health, for instance, spend more than $28 billion annually on biomedical programs, five times more than all federal spending for physical sciences.

    For 2007, Congress and the Bush administration agreed that the federal budget for the physical sciences should get a major increase. A year ago, in his American Competitiveness Initiative, President Bush called for doubling the money for science over a decade. That prompted schools and federal laboratories to prepare for long-deferred repairs and expansions, plans that appear now to be in jeopardy.

    Among the projects at risk is the Relativistic Heavy Ion Collider at the Brookhaven National Laboratory in New York, on Long Island. The $600 million machine � 2.4 miles in circumference � slams together subatomic particles to recreate conditions at the beginning of time, some 14 billion years ago, so scientists can study the Big Bang theory. It was already operating partly on charitable contributions, officials say, and now could shut down entirely, throwing its 1,069 specialists into limbo.

    �For us, it�s quite serious,� said Sam Aronson, the Brookhaven director. For the nation, Dr. Aronson added, the timing is especially bad because the collider has given the United States a head start on European rivals, who hope to build a more powerful machine.

    �Things are pretty miserable for a year in which people talked a lot about regaining our competitive edge,� Dr. Aronson said. �I think all that�s stalled.�

    Another potential victim is the Fermi National Accelerator Laboratory in Illinois, where a four-mile-long collider investigates the building blocks of matter. Its director, Piermaria Oddone, said the laboratory would close for a month as most of the staff of 4,200 are sent home.

    Congress and the Bush administration could restore much of the science financing in the 2008 budget. Scientists say it would help enormously, but add that senior staff members by that point may have already abandoned major projects for other jobs that were more stable.

    Other projects affected by the budget freeze include:

    �A $1.4 billion particle accelerator at the Oak Ridge National Laboratory in Tennessee meant to probe the fine structure of materials and aid in cutting-edge technologies. Its opening might be delayed a year.

    �A $30 million contribution to a global team designing an experimental reactor to fuse atoms rather than break them apart. Controlled fusion, if successful, would offer a nearly inexhaustible source of energy.

    �A $440 million X-ray machine some two miles long at the Stanford Linear Accelerator Center in California that would act like a microscope to peer inside materials, aiding science and industry. Construction, begun last year, would slow.

    �It�s pretty bad,� said Burton Richter, a Nobel laureate in physics. �There�s going to be another year of stagnation. That hurts a lot.�

    The National Science Foundation, which supports basic research at universities, had expected a $400 million increase over the $5.7 billion budget it received in 2006. Now, the freeze is prompting program cuts, delays and slowdowns.

    �It�s rather devastating,� said Jeff Nesbit, the foundation�s head of legislative and public affairs. �While $400 million in the grand scheme of things might seem like decimal dust, it�s hugely important for universities that rely on N.S.F. funding.�

    The threatened programs include a $50 million plan to build a supercomputer that universities would use to push back frontiers in science and engineering; a $310 million observatory meant to study the ocean environment from the seabed to the surface; a $62 million contribution to a global program of polar research involving 10 other nations; and a $98 million ship to explore the Arctic, including the thinning of its sheath of floating sea ice.

    Missions at the National Aeronautics and Space Administration are also threatened, with $100 million in cuts. Paul Hertz, the chief scientist at NASA�s science mission directorate, said potential victims included programs to explore Mars, astrophysics and space weather.

    Physicists said a partial solution to the crisis would let the Energy Department do what it wanted to do all along for 2007: move $500 million left over from environmental cleanup accounts into the physical sciences. That would require Congressional approval but no budget increase.

    Raymond L. Orbach, the department�s under secretary for science, in a recent statement seemed to call for such legislative relief.

    �A yearlong continuing resolution takes away many of the opportunities for advancing science,� Dr. Orbach said. �We urge Congress to continue critical investments in America�s scientific leadership.�




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  • Saarissimo
    06-03 05:08 PM
    Thank you all for your replies and comments. A few things I know based on previous research:
    1. Any person, whether in the US or not, can be an investor (and hence hold equity) of an LLC or C corp. When it comes to an S-corp, all owners must be US citizens. So owning a stake in a company has nothing to do with work permit (i.e. H1-B)
    2. Any company that can prove employer-employee relationship can sponsor H1B for its employees, even if the employees are owners in the company. There are many start-ups in the US where some of the founders work in the company on an H1-B. However, the lion share of those are C-Corps

    My questions are:
    1. Can an LLC sponsor an H1B visa for one of its (major) shareholders
    2. If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    I hope this all makes sense.

    Thank you all in advance.



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  • venkat80
    08-09 01:14 PM
    Uscis = I Sucs




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  • drona
    07-09 08:43 PM
    Wish I could go but I am in California. I hope DC members respond to this. Is it too late to suggest that IV Core members use some of the funds to go to this event. It will be worth it. We could start contributing to this right away. Just a thought.



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  • innervoice
    01-20 12:30 PM
    I got RFE for my spouse in August 2008 for I-485 regrading the marriage certificate and still the status hasn't got updated, called several times USCIS but no luck.




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  • ilikekilo
    05-04 09:49 AM
    Hi,
    My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
    I want to know for how long I can work from India on H1 being on US payrole? The

    Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.



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  • vikki76
    04-13 05:24 PM
    Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.




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  • kk_kk
    07-30 10:33 AM
    do you have someone to receive your mails at address 'X' ? post office does not forward letters from USCIS. they will be sent back for corrections .




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  • hourglass
    02-15 10:01 PM
    Hi,

    I am working on 8th year H1 visa (with approval notice) valid thru september 2009

    Theres a expired visa stamped on my passport, which was march 2005. Do you think for my scenerio it is safe to visit Canada for stamping? And what documents did they ask you in your case, appreciate your help.


    I went to Ottawa, Canada in January for visa stamping. I got Visa done.
    On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.

    Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.

    Good Luck for your stamping.




    rajuseattle
    04-28 04:03 PM
    gc_check:

    Very good advice to young EB-3 folks.




    rpk83
    05-10 10:11 PM
    I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime

    I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending

    We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice



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