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  • mrjonie
    03-09 05:20 PM
    Received by USCIS on June 4th 2007. Have been waiting since.
    So 400+ days for me too...

    I totally agree with all you guys on the delay in 140..I was also in the same situation...Applied 140/485 in the July/August 2007 fiasco in EB3 (PD Dec 2006) ..After a long wait, received a mail on Feb 26th 2009 , stating that my 140 is approved...

    Good luck to you follks..lets hope for the best...




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  • willigetgc?
    01-27 12:12 PM
    Promoting Visibility

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    Members can use this code in their blogs, facebook ..




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  • satishku_2000
    05-03 03:41 PM
    I agree with you that it is a random process but the processing date that is shown indicates that all the cases prior to that date have been "served". So, TSC-Oct 14 means, cases received on Oct 14 and later are currently being served. Hope this helps.


    Does this mean USCIS has touched all the application before the date ?




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  • genscn
    01-29 12:22 PM
    Is there something wrong with Indian Consulate-Houston's website? http://www.cgihouston.org/

    Are they close for some reason?



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  • ckumar
    10-12 12:15 PM
    Even I was in the same situation till yesterday. I'm a July 2nd filer @ NSC. I got my receipts for I-485/EAD and AP only yesterday. I had to call the customer service and get these numbers. So there's still hope. Hang in there guys. Your receipts should be coming out soon. I'd advice you to call up USCIS and ask them for the status. Good Luck to everyone.




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  • unseenguy
    06-09 12:48 PM
    Depends. If you filed under new fees structure, why pay more and travel to Mumbai if you do not reside in Mumbai. Its a waste of time. On the other hand , if you filed under old fees structure, then H1 fees are much lesser than AP fees. So that would make sense?

    Also how many times more are you going to go out of country on H1 again?

    I am saying this from experience. My wife was not granted H1 in India recently. They are issuing high number of 221(g)s and she had to return on AP. So consider all this and apply. If you get 221(g) , ask for the passport to be returned without talkin too much (or mentioning AP). It could result into loss of money and frustration in India.

    If you are in the same job and have paid for AP already, I dont know why you need H1, unless you dont want to renew AP/EAD.



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  • yabadaba
    06-22 03:20 PM
    http://www.uscis.gov/files/pressrele...ling062107.pdf

    Does this mean USCIS take it back?
    http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    Calm down..its there




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  • svam77
    07-18 06:57 PM
    My I 140 alone was applied on July12th as we did not know anything about the revision that time.

    I did not recieve the receipt notice yet and I called USCIS and they dont have a record of my entry yet.

    Mine was a labor substitution with my current company itself. My current company is a multi billion dollar US firm and they go by the rules, so I am not worried about my I 140 approval.

    Since my I 140 was applied based on a labor subsitution, and if my I 140 receipt comes in August ( lets say august 10th), would I still be considered in the July bulletin ?

    Thanks a lot for the reply,
    Sam



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  • Prashanthi
    08-21 01:31 PM
    I filed for I-485 under EB3 category in July 2007 and have a priority date of March 2003. Since EB3 is not moving at all. I applied in EB2 category and got I-140 approved based on my old Priority date(March 2003).

    My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't received any communication from them.

    My case is current as of Aug 1st 2009 but no LUD's on my case.

    How would I know that USCIS have changed my case from EB3 to EB2.

    I apperciate your response in this regard.

    If your new I-140 has the 2003 priority date on it and you have confirmed with the USCIS that your I-485 is now based on the EB-2 filing, i would wait for a couple of months, you have a good chance of approval of your I-485 if the visa number remains current for the next few months.

    If you don't hear from them or if you are not sure that your new I-140 has been successfully interfiled with your pending I-485, then you could also apply for a new i-485 based on the EB-2 I-140. The USCIS might ask you which I-485 you want to keep as you are not allowed to file 2 adjustment cases. For cases that are current, i have recently noticed that they are approving I-485's in 2-3 months.




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  • ghost
    08-11 09:33 AM
    Folks,

    In our legal immigrant community, we have the following Groups (G) of people:

    G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
    G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
    G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
    G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
    G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career


    While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.

    Current state of our Members (M):
    M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
    M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
    M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
    M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts


    Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.

    I can see three Options (O):

    O1) "Wait and Watch" option:
    This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state

    O2) "You are on your own" option:
    EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
    EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process

    O3) "We are in this together" option
    All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.

    Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3 and look forward to IV direction.


    People who understand America realize that money talks and lobbying works in Washington. We are ready for lobbying in our own ways (emails, phone calls, advocacy days, etc.). Besides this personal lobbying, we need to crack through official channels of lobbyists using money.

    This would require each of us to sign up for a 25 USD per month recurring donation for 1 year (read this as 1 dinner per month for couples and 2 dinners per month for singles). BTW, don't wait for others to eat their dinners before you eat yours. It is your money and it is your dinner, eat it for your own good!

    You are entitled to the sense of ownership in formulating and executing IV Advocacy - lot's of good ideas out there - some of them can be achieved administratively!

    You can cancel your recurring donations, if you succeed in Option 1 or if Congress passes CIR between now and Sep 2011 and that benefits you. Make sure you recruit another IV member before you leave or cancel IV membership. Trust me, this is not going to end any time soon!

    Good luck to all of us!



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  • tnite
    07-19 10:14 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863


    For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.

    There is nothing to worry about in your friends case.
    If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
    As a resident tax filer, these are some of the advantages.
    I dont understand why your friends are worried about this.

    check this out (http://www.irs.gov/taxtopics/tc851.html)

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

    Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

    You are considered a resident alien if you met one of two tests for the calendar year.

    The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

    The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

    A foreign government–related individual,
    A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
    A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
    A professional athlete temporarily present to compete in a charitable sports event.
    -------------------------------------------------------------------------

    Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.




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  • astral1977
    12-19 12:10 PM
    Goel_ar,

    Your manner of last entry is the status that you are currently on. Thats a fact.

    This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.

    Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.

    Hope it helps.


    My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?

    Thanks,
    LG.



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  • probe
    10-07 04:23 PM
    I live in Ohio and my sympathies are with you. If another state has concerns with clause "non renewable/non transferable"then Ohio should also have concerns, but on the contrary Licenses are renewed in Ohio.I feel this is more of kneejerk reaction to 9/11 aftermath.I am dismayed, does policy makers are under notion that a alien (not from outer space) have to
    go through all the travails of a new driver if they move to other state !?.
    My past experience suggests you to visit few other License agencies around your place and hope lady luck smiles
    upon you.




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  • rb_248
    11-14 08:24 PM
    I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(



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  • jayleno
    08-21 02:43 PM
    I once explored the Indian job market. The sun is really hot!!! Beware of the Surya. :)
    ... anyone explored Indian job market, if yes then what is hot?




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  • Prashanthi
    05-12 03:29 PM
    You can travel on the same visa as long as you come back before september.



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  • adreg
    06-05 08:41 AM
    My last annual H1B extension ritual (8th year) took 10 months. The corresponding H4 extension was approved in 1 month though. No RFEs etc. Go figure :)

    I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..




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  • mbawa2574
    05-22 09:48 AM
    Doe anybody have any doubt who developed USCIS software?............ Loser's Guild.

    :D:D:D:D Funded by Numbers USA:D:D:D




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  • zCool
    04-01 06:02 PM
    I am waiting for 13 yrs! So frustration should not be excuse for law-breaking..
    Every criminal has some sob story in the back-end that can be used to justify murder, robbery etc etc..
    Anyways..
    You want help.. here goes..
    THERE IS NO LABOR SUBSTITUTION as of June 16 2007.
    If your old sub labor was used by someone else.. AND his GC is not approved yet THEN your company can revoke that 140 and get your 140 approved that way. IF on the other hand that original beneficiary got 485 filed and AC21 invoked then you are plain out of luck.
    I don't know what the heck this company B is talking abt, sending other labor etc.. I think they are pulling some stunt.. and basically lying!
    If you have an option.. change and work for a good employer.. GC and all will happen in due time..




    desi3933
    02-11 07:59 PM
    I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...
    ...


    Did you tell your attorney that you have got new I-94 with H1-B written on it. I-94 indicates new status. There are no 2 ways about it.
    __________________
    Not a legal advice.




    kalyan
    02-12 01:45 AM
    The statistics showed that $39Billion were sent to India by NRI's (not including enterprises) for 3 quarters of 2008

    I believe 70% of it might be from US. I have a smalll share in it.

    Without EAD insight, job at risk, i dont see any reason to invest in US either in House or new Car.

    They should give some incentives to Legal Immigrants while the Illegals use free state subsidies, they provide most thing illegals than Legals



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