Thursday, June 9, 2011

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  • permfiling
    10-21 12:09 AM
    Attorney Prashanthi,
    if the AC21 is less then 6 months like for example a person had filed I140 and I1485 but 140 got approved after 3 months and the person had lost his job in the 5th month due to company shutdown and the person moved on to another company using AC21, will there be any issue during naturalization.

    Thank you




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  • ch102
    11-20 12:09 PM
    Just how bad is the backlog? (http://imminfo.com/Blog/articles.php?art_id=100&start=1)

    Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.

    The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:


    � There is an unknown number of pending AOS cases that have not yet been classified or reviewed.

    � In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.

    � There are additional cases in the pipeline, not accounted for by the available backlog information.

    While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.

    Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.

    The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.

    Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.

    Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:



    The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.

    If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).

    If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.

    A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.

    Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
    ..........
    .........




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  • fatjoe
    03-18 09:14 AM
    Thank you so much piyu. I greatly appreciate your response.




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  • Anil_s
    07-20 10:19 AM
    Thank You.



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  • amsgc
    01-22 09:57 PM
    Now that you have your answer, let me ask you a question -
    Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?

    I hate to break this to you, but your sense of optimism needs a reality check.

    Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.




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  • Jaime
    09-18 10:16 PM
    We saw many toddlers and older kids! Brave little ones!!!

    By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!



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  • binadh
    07-11 01:56 PM
    I think its a different Gonzalez. E Gonzalez hired another Gonzalez to sign the mail receipt.

    Funny? See below:

    http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432

    The message was IV template...

    Glus




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  • kanshul
    02-14 07:58 PM
    10 year law is not true. However, if your kid turns 21 s/he can sponser your GC with considerable less delay.



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  • speddi
    09-16 10:31 AM
    I found the address where we need to send the AP Renewal application if using non-usps carriers.

    USCIS - Direct Filing Addresses for Form I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)




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  • spgtopper
    02-03 09:41 PM
    helpful_leo,

    I really appreciate your urge and energy for this. We need more and more people like you as volunteers.

    I read section 313. I agree with logic life. You should have the ability to transfer to F4.

    It is not fair to assume that the legislation is not favourable for "current" students. Does it clearly say that? No. So, don't assume either way.

    If you want to be very sure, you can call your senator's and congressman's office (of those who endoresed/creeated the bill), and talk to a person handling immigration matters or specifically this bill. Confirm your belief/assumptions and then write letters etc.

    Meanwhile, see if this helps:

    313: "Creates a new "F-4" student visa for doctoral candidates studying in the fields of..."

    The word new refers to the visa and NOT the student. And, "studying" in implies current students. :-)

    So, what is the problem?

    S.



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  • hur11
    01-22 07:26 PM
    http://www.murthy.com/news/n_inseb2.html

    Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.




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  • Leo07
    05-20 05:06 PM
    Bump^^^^^^^^^^^^^^^^^^^
    how many in this forum are yet to file aos?



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  • nixone
    05-05 04:55 PM
    You are right... you should not submit documents with your LC first submission. In my case, they asked for some documents after my submisission(what it's called Audit); one of them was the Ad which they were not satisfied with it, so they Denied my case. However we appealed sending the whole Ad page making them change the case back to 'In Process'.


    If you are still around, I just wanted to let you know that my PERM labor got approved on May 1st. It was filed on Oct 31st. No audit. Looking at your signature, looks like they also approved your LC. Congratulations!




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  • OLDMONK
    07-18 02:05 PM
    If Skill Bill passes eventually, won't EB2 be beneficial over EB3.

    I used my EB2 (jan 2006) over EB3 (March 2005)



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  • fcres
    07-26 01:00 PM
    I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.

    You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.




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  • arnet
    09-20 11:54 PM
    now they are saying it as "Priority Appointment" and the link is available when you create the application. so get HDFC receipt which is valid for 1yr and create an application, fill DS-156/157, add your dependents if any and then you will see a page which has link "priority appointment".

    so now you can see this only after creating the application, vfs changed it. you can email vfs site for details.

    Disclaimer: I'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing constantly.

    Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..



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  • acecupid
    08-01 11:06 AM
    HI , first of all thank you for spending some time on my problem.

    But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.

    Your statements seem to contradict. I thought you mentioned earlier that you moved to "Y" location. Are you saying that you live in "Y" location and your dependents live in "X" location and you travel to meet each other on weekends ? If you maintain two residences then you probably dont have to file a change of address.

    I find it pretty odd though, most people dont maintain multiple residences.




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  • kondur_007
    03-23 01:33 PM
    Hello gurus,
    need little help from you guys. Right now i am on H1b.
    I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).

    I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
    so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???

    H1bdude1

    I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.

    However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.

    Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.

    Good Luck.




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  • looneytunezez
    04-16 01:09 PM
    Per The California State Supreme Court, non-compete clauses in employment contracts are not enforceable in California, except under certain conditions.

    so it all depends on your state.




    payur
    07-14 01:14 PM
    Folks,

    NSC and TSC are still processing the mid june filers cases. Please see the below link. They are slow in issuing receipts. The date you are seeing is notice dates. The receipt date are june or prior to that.

    http://www.uscis.gov/files/pressrelease/ReceiptingTimes071307.pdf




    kc_p21
    06-16 05:58 PM
    Chi_shark for your response.

    According to my lawyer, I can go on vacation (paid or unpaid) during the gap.

    Thanks



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