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  • kriskris
    07-28 02:49 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





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  • vamsi_poondla
    09-10 10:45 AM
    All,
    I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.

    H1-B improvements:

    1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
    2) Remove lottery system of awarding visa. In stead use the following method:
    a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
    b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
    c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
    d. The application received is CP is assigned available visa as follows:
    i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
    ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
    iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
    3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
    a. New LCA is required every year and when consultant changes the client.
    b. New LCA must be based on the client�s job and experience requirement.
    c. H-1B applicant must be paid based on LCA.
    d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.

    Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.

    I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.





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  • ebizash
    09-30 05:50 PM
    Here it is -

    http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb





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  • ita
    10-30 01:55 PM
    What does taking Infopass mean?

    Thank you.



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  • javaconsultant
    04-30 02:35 AM
    Guys,

    I am not 100 % sure if one can change employer after approved I-140.
    But this is what I checked with lawyer --

    -- Can transfer H-1 to new employer and can file new labor with new PD. Also can pursue your GC from old employer as long as he doesn't revokes it since GC is for future job.

    -- Can simultaneously pursue GC from both employers if previous employer does not revoke it.

    Also one sticking point ....H-1 extension with new employer if you are on 7th or 8th or 9th year extension... not sure how does it work....this check with a lawyer.......





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  • vikramy
    09-22 01:30 PM
    This is what given by my Attorney apart from your labor approval. Better double check..


    FOR FORM I-140

    Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.

    1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
    2. All degree certificates, and relevant marksheets.
    3. All Forms W-2 from the sponsoring employer.
    4. Latest 3 paychecks from the sponsoring employer.
    5. All H-1 and H-4 approval notices.
    6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
    7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
    8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.



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  • stucklabor
    07-11 05:22 PM
    Alabaman,

    Legal is referring to me as the stuck moderator who may not like your making fun of a Representative on this forum.

    I deleted a post of his that made fun of Rep. Sensenbrenner's name.

    He doesn't realize that we, the IV core team, now have to go hat in hand to the same Rep. Sensenbrenner to have the SKIL bill passed through the House Judiciary committee.

    Legal wants the rest of us to pay for his freedom of expression - and no value add - on this public forum.

    Enough said from me on this issue.





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  • vikki76
    04-10 10:28 PM
    My company lawyer had advised me that it is perfectly legal to do moonlighting using EAD card while holding down permanent job on H1-B.



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  • Rb_newsletter
    09-16 01:39 PM
    Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?

    because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.





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  • milind70
    07-26 09:45 AM
    Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

    What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

    Gurus any answers on this is deeply appreciated.

    I am pretty sure there could be an RFE or explanation for such kinds of goof ups . I am also sure such goof ups by attorneys are not the first time USCIS must have expierienced ,so they will understand. High volume filings can lead to errors/mistakes



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  • hebbar77
    09-16 01:22 PM
    Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?

    Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D





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  • julsun
    09-27 10:19 AM
    I filed for AOS in Aug 07, my attorney advised me that we could combine the checks payable to USCIS for family members (EG: in place of one check for my 485 and one more for my wife we could combine both the checks for 485 and issue a single check for twice the amount). Based on the above, i issued 1 check for 485, 1 for EAD, 1 for FP and 1 for AP.

    Now my checks have been cashed and i am able to see the receipt number on the back of the cashed check. I see two receipt numbers on the back of the checks for EAD and AP however i see only 1 receipt number on the back of the check for 485 (and the same number on the back of the check for FP)

    Did any body else also send combined checks? Did you get a single receipt number or multiple numbers?

    Thanks.

    My EAD cheques got encashed today. I had sent a single cheque for myself and my wife. I do notice two LIN numbers on the back of the cheque. BUT when i search for those numbers on USCIS website its says number DO NOT exist in the system. Has anyone faced similar issue?

    Thanks



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  • ruchigup
    06-02 01:49 PM
    I know it is overwhelming, when we get email from USCIS about RFE. But be patient it is generally for employment verification, birth certificate, medicals etc. If there is one for spouse it could be for marriage verification.

    You need to wait at least 7 days before you should call to check with them. But 7 days is fair time, and 80% (no data backing) of letters are received by then.





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  • Raj_2009
    08-18 11:38 PM
    Hi ,

    Thanks for your kind advice. I tried to take Infopass now. Shockingly, no appointment is available for August and September. Is there any way that we can get emergency Infopass at Local office?


    Thanks,
    Raj



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  • jetflyer
    06-12 01:43 PM
    Success Formula for EB2-I:
    1)- Get rid of all EB3 => EB2 conversions
    2)- Get rid of all Subs

    And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:

    Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah





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  • amitpan007
    06-21 10:15 AM
    I did it few years (i think 4-5yrs) ago at CGI - SFO and it took about 4 weeks.



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  • kris04
    11-12 09:33 PM
    while porting the Job through AC 21 one have to keep in mind that USCIS have not brought any regulation to date, though occasionally there are some chatter from AILA that USCIS will bring it pretty soon. After porting the job and regulation is passed, it will be applied retroactively and in some case could seriously affect those AC 21 cases that do not meet the regulation strictly. I have seen in several post from each person about risk in getting RFE after porting the job, but never consider the potential impact of any regulation passed by USCIS(yeah we know these guys are too lazy :)

    HTH

    kris

    PS: I have done AC 21 successfully in my case and got my GC approved without any RFE





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  • meghanap2000
    09-09 03:35 PM
    This is the always problem with USCIS in porting PD. In my case they have put PD as 485 application received date. The only solution to this is ..Keep your attorney in the loop and ask them to send letters repeatedly and call the customer service center repeatedly..
    There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
    Once your dates are current, please keep calling them and follow up thru AILA and congressman and senators office etc..This task can be done by your attorney also.





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  • shana04
    03-05 06:47 AM
    My I140 is approved, 180 days complete and looking to change jobs in May/June.
    I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?

    No





    sbmallik
    05-19 02:13 PM
    1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
    2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
    3.Does Info-pass enquiry cause any negative effects on my I485 processing?
    4. Any other guys in the same boat and what you guys are doing?


    Answers below:
    1. Other thatn fingerprinting enquiry nothing gets revelaed at infopass.
    2. Notice date.
    3. No.





    suriajay12
    05-11 06:05 PM
    Guys,
    Read till the end....

    I know with this thread I'll get 100000 red dots, but anyways never mind...

    I see the immigration portal when the process on my other machine is running and I have nothing else to do. But thats irrelevant on why and what I do.

    The point is , I see everyone coming up with 100000 different ideas, and then there is a never ending thread of debates on should we do it or do not. pros and cons, blah blah blah. Debates are good , as it results the best of both parties views. But I see a trend here which is , the discussion happens and then the idea goes down the flush. I never see,
    kinda list or something like that, which says these were the action items selected by the IV team and this is the status of the same. Seems to me everyone comes up with something and discuss and they forget about it.
    I think a bit of Project management is required to be in place. also a workflow with the option to introduce the idea then debate and a voting and once thats done , if idea is selected it should move on to action item category else if the idea is in the process of debate the list should show as the status 'Pending in Process'.
    At the end of the day , at a glance everyone will have the visibility of, where do we stand with all the ideas and how far are we with selected ideas as action item and results of it.

    Well I think this is also an idea and will now subject to debate and then lets see if it goes off the flush or some workflow and new menu items appear on the IV.
    Nothing negative , but the IV members and views are to scattered, specially with the lack of ownership and leadership its like headless chicken running is all directions, and I totally understand the admin of this group and website are also guys like us , who got jobs and family and tons of different things to do, but now I think there is a need to revisit and see how the division of the labor can be done and responsibilities are assigned so that not just a few guys gets the pressure of getting the things done, but a joint responsibility like an organization( not just a word but in real sense) gets the mission accomplished.

    Well the processing is complete I'll get back to my other screen now..

    PS: No intentions to hurt or demoralize anyone or any effort. Just thought a little enforcement and leadership is required so thought of mentioning it. ( My english is not so great so please pardon me)

    <B>The same thread was posted with a different heading on the forum with the heading " Status Update on Action Items"</B> . I was trying to do the analysis on what kind of readers does this portal has. The readers who really wanna do something or just timepass.
    And if you are reading this and skipped reading the other one, you are one those thousand who do not wanna do anything but just sit and timepass and when get frustated, open a thread and vent out frustation with some idea.
    The reason behind this conclusion is because, if you want to see a difference and to see where are you heading to in terms of what is done and what is to be done, you would have open the other thread. Makes sense?
    __________________
    Thanks
    Live well do good

    Good one, I support your views and I am ready to participate in any campaign that helps us all.



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