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  • dpp
    12-02 03:44 PM
    Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).

    I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.

    Would appreciate any advice i can get. Thank you!

    Same thing happened to me as well yesterday. Mine is also EB2 April 2006 PD.





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  • addsf345
    10-22 01:08 PM
    The dates are retrogressed:

    Nebraska Service Center Processing Time Report (10/19/08)
    I-485 Application to Register Permanent
    Residence or to Adjust Status Employment-based adjustment applications July 04, 2007

    Nebraska Service Center Processing Time Report (9/15/08)
    I-485 Application to Register Permanent
    Residence or to Adjust Status Employment-based adjustment applications July 08, 2007


    Texas Service Center Processing Time Report (10/19/08)
    I-485 Residence or to Adjust Status Employment-based adjustment applications June 24, 2007

    Texas Service Center Processing Time Report (9/15/08)
    I-485 Application to Register Permanent
    Residence or to Adjust Status Employment-based adjustment applications June 23, 2007


    I can't help but notice that progress at TSC.

    They were processing July 16, 2007 2 - 3 months back.

    One fine day, they updated dates saying that they processed till June 16, 2007. (-ve by a month)

    Last month, they made progress till June 23, 2007.

    Since last month, they made a progress of one day - June 24, 2007.

    Is this correct? or I am a brain dead person? unable to understand CIS processing dates, particulary going backwards really baffles me.:(





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  • Funky_Monkey
    09-14 05:05 PM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.





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  • a_yaja
    04-05 12:09 PM
    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.



    Are you sure AC21 is valid for Consular Processing? AFAIK, AC21 applies only to AOS applications. See Murthy's note on CP vs AOS @ http://www.murthy.com/news/UDaosvcp.html

    Also, if you move outside of the country permanently, why would one want to pursue GC option? GC is only for people who want to stay in the US permanently. After getting the GC, there are other conditions you need to meet to maintain your GC status - one of them is to have the US as your country of residence.



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  • chvs2000@yahoo.com
    10-21 09:58 AM
    Other alternative is to have your employer run the payroll for 5000 and deduct 500 from your adjusted gross income when you file taxes.

    Note that you can only deduct unreimbursed work related expenses when you choose to itemize your deductions.





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  • jthomas
    04-24 12:47 PM
    A Memorandum of Marriage is different from the Certificate of Marriage.
    A Memorandum of Marriage is required to obtain a Marriage Certificate.

    Here is a sample (Schedule A) of the Memorandum of Marriage.
    You will need to obtain one from your local Marriage Court.
    http://ncw.nic.in/compMarriageBill.pdf

    I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.

    To avoid the RFE, will it be okay to get registered at the local county in US?

    I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL



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  • loudobbs
    07-17 05:18 PM
    A. STATUTORY NUMBERS

    1. This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 13th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.


    Does this mean all AOS applications received or only consular processing cases??





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  • sonia_sd
    10-19 07:13 PM
    You don't need SSN to apply for a passport for a baby. PIO card takes about two weeks to process in SFO. I dont think there is any fast processing available for PIO.

    Just currect your statement, SSN is mandatory for Passport issuance. Pls check the current guidelines.



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  • aranya
    01-15 10:40 AM
    Two things

    1] H1b application may not be filed by the beneficiary i.e. you cannot file it. Your employer or his representative (lawyer) has to apply.

    2] The lawyer fees may be paid by either the employer or the employee - no USCIS requirments/laws.





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  • fromnaija
    02-18 10:11 AM
    The reasons for retrogression are limit on the number of visas available (140,000) per year, country cap and the number of applications with USCIS for adjustment of status and with DOS for CP. Nobody knows how many applications are outstanding and so we cannot estimate PD movement accurately.



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  • ramaonline
    06-27 03:04 PM
    There is no grace period for finding a new h1b employer - but generally USCIS overlooks gaps of 1-2 months between employment assuming you are able to transfer your H1B to another employer soon

    You can download the employer database from this link and apply to prospective employers - This will help in your job search

    FLCDataCenter.com (http://www.flcdatacenter.com/CaseH1B.aspx)





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  • GreeNever
    07-07 12:56 PM
    Not to throw in too many variants, but how about when on EAD? Does an EAD alter the situation?



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  • viswanadh73
    01-03 03:03 PM
    some where i read that USCIS follow FIFO for 485 under normal conditions. so if that is the case irrespective of PD who ever applies 485 first whose application will be processed first right? i am not sure on this that's why i asked this question.





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  • sundarpn
    08-03 03:46 AM
    If one is in their say 5th or 6th yr of H1 and has an Approved I-140 (copy) from a company A, does that mean:

    1. that he can transfer his H1b to a company B and get 3 yr ext.

    2. Again in the 8th or 9th year, can he move to another company C and get a 3 ext (upto 12th year).

    So can one get infinite 3 yr extenstions just because once upon a time he/she had an approved I 140 from one of his ex-employers (and not his immediate previous emplyer). :)



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  • gemini23
    08-02 11:28 AM
    if you dont have experience letters from past employers, you can attached notarized affidavits from your past colleagues. that affidavit need not be on a letter head, as it is from an individual (as opposed to a company).
    Make sure it has details on begin date, end date of your jobs and designations along with job description(should be same as in LC). Also provide the phone number, address, designation of the person who is giving your the affidavit , in the affidavit letter.

    This info is from my lawyer.

    Hope this helps.





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  • sairam
    09-17 03:32 AM
    In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.


    No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.

    Thanx!



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  • ita
    08-13 08:08 PM
    Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.

    Any reason that you want to go back to your old employer? Why quit in the first place than...

    I'm planning to go from consulting to Perm. If I don't like it I want to go back to Consulting. Would like to go back to the same employer as anyways my GC process is pending with him. Just trying to find out if I can keep that option open.

    Will there be any issues if I use EAD to switch jobs and then decide to go back to the old employer?

    Right now I've my H1 valid for 2 more yrs. If I use EAD to switch jobs my H1 will become invalid. Then if I decide to go back to my old employer what happens?Please advice me on this.

    Thank you.





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  • knowDOL
    08-15 11:01 AM
    Converting to PERM is safe, does cost money and advantageous only to get 3 year extensions of H-1B which will save your company the money for extensions. (H-1B). It does not expedite your GC processing time and does not fetch you even EAD.

    My company's attorney converted 4 EB2 cases with PD March 2005 to PERM and successfully got approved all the 4 cases with in two months. On all the four cases they have not got the 45 days letters.

    In your case since you are in 8th year extension it may be better to either convert exisitng EB3 to PERM or file a new EB2 for a different position in same company and get I140 approved. Evaluate based on which one costs you less money.

    Hi Mike,

    I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?

    Thanks





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  • WAIT_FOR_EVER_GC
    07-30 08:51 AM
    I must correct the following facts for you.
    - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
    - The confusion seems to in the administrative language, spillover means FB to EB.
    I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
    Leave them ted, they will never understand





    lkapildev
    02-12 04:12 PM
    There are 20000+ viewers on this website why only few 1000's are serious about fighting with BROKEN immigration system.

    Now see EB2 is vanished on 1st qtr on FY.

    You did not join DC Rally because of your priority thats OK
    You have not contributed anything to IV thats fine

    It's NOT just fine if you don't send a letter what is being requested. You can't be always seat back and enjoy the show. Be a brave like "Chatrapati Shivaji"

    http://immigrationvoice.org/forum/showthread.php?t=16506

    You should not be scared of sending your name etc. These letters will go to lawmakers office.

    Please support IV for this. "IV is all of us"

    IV you will have my & few of collegues letters in your mail box. Best of Luck for this good initiatives.

    Flower Campaign
    DC Chalo
    Letter Campaign
    Virtual Compaign(My Idea) Create an website with each Lawmakers name and add supports for legal immigrations for example. Collect all positive thoughts for each lawmaker about legal immigration and post it on those respective websites.

    ralphsupportslegalimmigrants.com





    sukhwinderd
    10-18 02:28 PM
    even i saw red warning message appear on the screen for 2 of my fingers.
    once i submitted finger prints to FBI for australian immigration. could be because of that.



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