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  • mbartosik
    02-25 10:32 PM
    Pappu is right (on earlier post on this thread)

    To maybe make a little more clear, because the processing dates do not make any distinction between EB classes (EB1, EB2, EB3) when one EB class moves forward in the visa bulletin, then the service center may have to go backwards in processing date to process these because they received them earlier.

    If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.

    That being said there is still often no clear reason (to us) behind the dates. It would cause less frustration if clear reasons for dates were given.




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  • AgentM
    01-25 10:15 PM
    Hi,
    If anybody has used a lawyer for AC21, please post the lawyer details and their cost.

    Thank you.




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  • badluck
    06-25 02:47 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?

    send new again. anyways first one is going to come back.




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  • GC20??
    08-12 03:26 PM
    As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.

    Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?

    Good morning XXXXXXXXXXX,
    Re: I-485s <Applicant Name>

    I have conversed with those in charge of these cases.
    The United States Citizenship and Immigration Services (USCIS) is
    committed to adjudicating immigration benefits in a timely, efficient
    manner that ensures public safety and national security.

    Toward that end, USCIS requires extensive background checks for every
    application or petition it adjudicates. While background checks for
    most applications or petitions are completed quickly, a small percentage
    of cases involve unresolved background check issues that result in
    adjudication delays.

    Background checks involve more than just the initial submission of and
    response related to biographical information and fingerprints. When
    checks and/or a review of an administrative record reveal an issue
    potentially impacting an applicant's eligibility for the requested
    immigration benefit, further inquiry is needed. The inquiry may include
    an additional interview and/or the need to contact another agency for
    updates or more comprehensive information. If it is determined that an
    outside agency possesses relevant information about a case, USCIS
    requests such information for review. Upon gathering and assessing all
    available information, USCIS then adjudicates the application as
    expeditiously as possible.

    We have checked into your constituent's case and have been assured that
    the agency is aware of your inquiry, and is monitoring progress related
    to it. However, unresolved issues in your constituent's case require
    thorough review before a decision can be rendered. Unfortunately, we
    cannot speculate as to when this review process will be completed.


    We realize that your constituent may feel frustrated by delays related
    to his or her case. As an agency, we must weigh individual
    inconvenience against the broader concerns of public safety and national
    security.

    We hope this information and assurance are helpful. If we may be of
    assistance in the future, please let us know.

    I hope this information is helpful to you. At this time I am closing the
    inquiry on this matter.

    Thank you,

    <Officer Name>

    Immigration Services Officer

    NSC Congressional Unit



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  • pkv
    01-07 09:51 PM
    I would like to know the answer to this question too. does anybody know?

    also pkv..how many days did it take you to get the new passport?

    I got it in a week, I got it from SF Consulate.




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  • meridiani.planum
    04-06 02:34 AM
    inline...

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    -- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    --what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

    >> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    --Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    -- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
    Here's a link to, and info from the USCIS memo:
    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
    words, from the new company/employer to which someone has
    ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




    agree with the rest of your post.



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  • chintals
    09-03 01:33 PM
    How did you do that? can you please provide info?

    The phone number to call and would they need any information from me?

    1) Call 800 and convince the person to escalate to 2nd level and speak to IIO
    2) Call 800 and choose cases were seperated option which will go to respective service center and talk to IO.

    Some folks are helpful and some are not.. It all depends how you approach and how you can convince.. good luck. Other option is go to Infopass.




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  • ch102
    04-04 03:09 PM
    I found this in another website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    "Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"



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  • seahawks
    06-26 02:39 PM
    While filing for my wife's G-325A form, her last name was filled in first name and first name as last name. We got our FP notice yesterday and thats when I went back and reviewed all the forms I filed. I was wondering if any of you know what can be done so that an honest mistake can be corrected?

    Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)




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  • nlssubbu
    12-08 12:17 PM
    Her H4 is not valid. She did travel to India without an approved AP.

    Can we cancel her GC application and bring her back on H4?

    Any other options?

    Why don't you take info pass and explain the need for an emergency visit and get an interim AP?

    Thanks



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  • onthelines
    03-24 01:02 PM
    I listened to it at the end. Great job Mark...




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  • Berkeleybee
    04-07 09:03 PM
    About the appeasability of Sensenbrenner check out :

    http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168

    My favorite bit is the one in where the article says about Sensenbrenner

    "Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."

    I very much doubt that he will be swayed by faxes. ;-)

    best,
    Berkeleybee



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  • vinayskadam
    11-24 01:22 PM
    @lj_rr:

    Thanks a lot for the quick reply, its really helpful.




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  • ashkam
    04-21 02:21 PM
    Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit

    There's no such strings attached. You can convert from H4 to H1B whenever you want without the quota applying to you, as long as you
    1.> Haven't spent a year outside the US, or
    2.> Have your I-140 approved, in which case (1) won't apply.



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  • ivgclive
    03-31 09:13 AM
    Dude,

    You are capable of hitting the target even before your gun fires.

    Poor immigration officers !

    If you feel you are not getting result do not keep your attorney because you like him. Change and try.




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  • JDM
    08-05 10:01 PM
    /\/\/\/\/\/\



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  • akred
    06-01 02:41 AM
    The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?

    http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html

    3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.

    Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.

    Also, check out the sample points assignments at the end of the fact sheet.




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  • Redeye
    12-12 05:05 PM
    I have EB3 PD of 2004 and it will take a while to get GC for sure. I am in a situation where I do not want to go for stamping and want to use AP in Feb 2008. If I do use AP will it invalidate my H1 with the same employer. My H1 6th year ends in 2010. If I get married in India at a later date will it be an issue to bring my spouse on H4 since I am a parolee?

    Is there a way around this with a H1 extention at a later date and stamping at a later date?

    Thanks




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  • piyu7444
    05-11 01:56 PM
    Job Title has to be same. Detail description does not matter. So if you are say "Computer System Analyst", new job should have same title. Duties do not matter. Higher salary is OK. No problems there. I-140 if revoked by previous company does not harm.

    Good Luck. I am also using AC21.

    Please ask your lawyer once again as what I have read on IV or any other website about AC21 is that job title does not matter but job descriptionduties is what matters..........This is the first time I am reading that Job title has to match.........and if thats true ( I dont think its true) then a lot of people will be screwed coz 99% of time even if its the same job no 2 companies will have the same job title..........




    eb3_nepa
    04-27 06:13 PM
    Apologise for 2 threads on the same thing. Tried going back and modifying the text a little bit, only to create a new thread.




    geesee
    08-22 03:26 PM
    Paskal:

    Thanks for your kind reply. I am new to Buffalo, NY. Just moved from California. I dont know much ppl here. There is lots of indian community here but dont know why none is responding. If I can find one guy also I can book a car and drive there for rally.

    saravanaraj -
    Would you consider riding a bus?

    http://immigrationvoice.org/forum/showthread.php?t=12567

    Please vote!



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