gc_in_30_yrs
07-27 04:20 PM
Hi, I know this question is being asked by many people. I am sorry, but still confused. My situation is:
EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied
EB2 - Labor filed - Nov, 2005, Approved, I-140 filed - Mar 2006 - Approved.
Can I continue using EB3, once Labor Approved anbd I-140 Approved, can I use that PD to my EB2? The job description is definately different on EB3 and EB2. Still can I use the EB3 PD on to EB2?
Gurus, Please advise.
Thanks.
EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied
EB2 - Labor filed - Nov, 2005, Approved, I-140 filed - Mar 2006 - Approved.
Can I continue using EB3, once Labor Approved anbd I-140 Approved, can I use that PD to my EB2? The job description is definately different on EB3 and EB2. Still can I use the EB3 PD on to EB2?
Gurus, Please advise.
Thanks.
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gc28262
08-16 01:10 PM
The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
gapala
03-27 06:34 PM
I don't know about legal risks but health-wise that sounds quite risky.
I can't believe to what extent some people will go to earn money!
Boss, don't make yourself a guinea pig. No amount of money is worth it.
If every one thinks like you, how in the world would drugs be developed to cure the diseases? :D :) Note that before any drugs gets to the stage of human subjects research, it would have completed several trials to ensure that its safe. Adverse events may happen during the trial but in recent studies, not many.
Generally, there will be an orientation and screening before enrollments, you will get all the information at that stage and you may choose not to enroll or if you have any particular condition identified during screening, you will not even be enrolled.
Risks are very minimum. Good luck.
I can't believe to what extent some people will go to earn money!
Boss, don't make yourself a guinea pig. No amount of money is worth it.
If every one thinks like you, how in the world would drugs be developed to cure the diseases? :D :) Note that before any drugs gets to the stage of human subjects research, it would have completed several trials to ensure that its safe. Adverse events may happen during the trial but in recent studies, not many.
Generally, there will be an orientation and screening before enrollments, you will get all the information at that stage and you may choose not to enroll or if you have any particular condition identified during screening, you will not even be enrolled.
Risks are very minimum. Good luck.
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LostInGCProcess
09-02 10:53 AM
^^bump^^
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rs_nyuser
12-14 08:13 PM
Gurus
Can someone please guide me in right direction. We have received a RFE on my wife's 485 petition. Officer has directed to submit all the stamped pages of passports. All approved visas and all I-94 copies ever since she has been here (about 8 years). My wife went to India earlier 2-3 times and got the visa stamped there based on my H1B. We never applied for H4 until last(recent) 3 years and hence have no copies of I-94 with us. Will it be a big problem. Has someone faced the same RFE any help will be appreciated.
She has always been on H4. When she first came to us we got it stamped in india based on my H1B and similarly when she went back to india 1 yr. down the line, we had it stamped based my renewed H1B again. but i do not happen to have copy of her I-94 from her those two entries to us. since we never file a H4 petition for her in us i do not have any visa copy either.
Please help.
Thanks in advance.
Can someone please guide me in right direction. We have received a RFE on my wife's 485 petition. Officer has directed to submit all the stamped pages of passports. All approved visas and all I-94 copies ever since she has been here (about 8 years). My wife went to India earlier 2-3 times and got the visa stamped there based on my H1B. We never applied for H4 until last(recent) 3 years and hence have no copies of I-94 with us. Will it be a big problem. Has someone faced the same RFE any help will be appreciated.
She has always been on H4. When she first came to us we got it stamped in india based on my H1B and similarly when she went back to india 1 yr. down the line, we had it stamped based my renewed H1B again. but i do not happen to have copy of her I-94 from her those two entries to us. since we never file a H4 petition for her in us i do not have any visa copy either.
Please help.
Thanks in advance.
insbaby
08-24 12:34 PM
I believe they would process the application within 15 days. It doesnt necessarily have to be an approval or denial, they can even send a RFE.
Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.
TRUE.
It is 15 days (not business) including week ends.
Here are some hidden facts:
* 15 days window DOES NOT start from the day USCIS receives application.
* 15 days window DOES NOT start from the day USCIS sends a NOTIFICATION (Yes !!!)
* 15 days window starts ONLY when you see an LUD change with a description "Request for Premimum Processing" updated in USCIS system.
* When there is an RFE, the 15 days window clock STOPS.
while( case != approved && case != denied )
{
* RFE is issued
***** 15 days clock now is reset to 0 *****
* 15 days window DOES NOT start from the day USCIS receives RFE Response.
* 15 days window DOES NOT start from the day case status says "RFE Response received".
* 15 days window starts ONLY when you see an LUD change with a description "Case Resumed" updated in USCIS system.
}
Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.
TRUE.
It is 15 days (not business) including week ends.
Here are some hidden facts:
* 15 days window DOES NOT start from the day USCIS receives application.
* 15 days window DOES NOT start from the day USCIS sends a NOTIFICATION (Yes !!!)
* 15 days window starts ONLY when you see an LUD change with a description "Request for Premimum Processing" updated in USCIS system.
* When there is an RFE, the 15 days window clock STOPS.
while( case != approved && case != denied )
{
* RFE is issued
***** 15 days clock now is reset to 0 *****
* 15 days window DOES NOT start from the day USCIS receives RFE Response.
* 15 days window DOES NOT start from the day case status says "RFE Response received".
* 15 days window starts ONLY when you see an LUD change with a description "Case Resumed" updated in USCIS system.
}
more...
Anders �stberg
August 7th, 2004, 03:35 AM
Bit slow here lately...
FWIW, I think it has potential, maybe make it a bit darker and moodier, it looks a bit blown out in places. If I may be brutally honest I think the subject matter is much more interesting than the picture itself, but with some more work...
FWIW, I think it has potential, maybe make it a bit darker and moodier, it looks a bit blown out in places. If I may be brutally honest I think the subject matter is much more interesting than the picture itself, but with some more work...
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alterego
12-15 10:08 PM
Looks like for EB2 2005 cases they are giving 2 yr EADs. Has anyone with 2003 or 2004 cases recieved a 2 yr EAD?
more...
natrajs
04-02 01:52 PM
I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?
If Everything set and once Your PD becomes current, Then you will hit the Lotto.
Hope the Best
If Everything set and once Your PD becomes current, Then you will hit the Lotto.
Hope the Best
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jsd123
04-21 09:42 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
more...
greenmonster
11-19 08:31 AM
Got my NC Driv License after 6 weeks. Issued based on EAD.
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vikki76
04-30 11:34 AM
Good coverage.
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kilubilu46
07-24 10:20 PM
Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
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xtronics
03-19 10:50 AM
Thank you so much jangolouis
What visa did you apply for H4 or H1?
Also did you call Dept. of state before you got your visa?
Please let me know when you get a chance. Thank you so much again
What visa did you apply for H4 or H1?
Also did you call Dept. of state before you got your visa?
Please let me know when you get a chance. Thank you so much again
more...
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girishc
06-16 10:28 PM
I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
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dan19
02-14 05:23 PM
Have anybody stamped their H1 visa in UAE?
I heard a lot of people stamping in Canada and Mexico - but not any other countries.
Any issues going to other countries?
I heard a lot of people stamping in Canada and Mexico - but not any other countries.
Any issues going to other countries?
more...
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WeldonSprings
08-25 05:27 PM
1-800-375-5283
Press 1 to select English
Press 2 for a Case
Enetr 1 for receipt no.
Midaway press 3 and then 4.
USCIS probably realized that many of us were calling and tried to give some relief to our tired fingers, instead of giving us the GC!
Hi all
I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.
Looks like eccessive status calls have caused this.
Has anyone still been able to use the POJ method today and if yes can u pls post the details ??
Thanks
Press 1 to select English
Press 2 for a Case
Enetr 1 for receipt no.
Midaway press 3 and then 4.
USCIS probably realized that many of us were calling and tried to give some relief to our tired fingers, instead of giving us the GC!
Hi all
I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.
Looks like eccessive status calls have caused this.
Has anyone still been able to use the POJ method today and if yes can u pls post the details ??
Thanks
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bandhu
02-15 01:32 PM
Yes I declared my arrest in I485 and have got my EAD and AP aproved.
Did anyone in this situation travel on AP?
Did anyone in this situation travel on AP?
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ha002
06-14 07:45 PM
Hello
My wife is on F1 Visa and working on OPT(Optional Practical Training), now that the PD are all current., i will be applying for I-485 in july,
1) can i include her even thought she is on OPT, will that effect our I-485 approval as she is a non-immigrant status
2) should be convert back to H4
3) how easy is it to get appoitments in India now for Visa stamping
Please advice
My wife is on F1 Visa and working on OPT(Optional Practical Training), now that the PD are all current., i will be applying for I-485 in july,
1) can i include her even thought she is on OPT, will that effect our I-485 approval as she is a non-immigrant status
2) should be convert back to H4
3) how easy is it to get appoitments in India now for Visa stamping
Please advice
instantkarma
01-28 01:59 PM
hello,
I have an EAD and have an approved labor and I-140 approved for over 180 days with my employer.
I am interested in knowing the clarity on SOC (speciality occupation codes) with AC21.
My current labor when filed has details in my ETA9089 form as -
1. SOC - 151051
2. Job Title - Computer Consultant/Programmer Analyst
3. Skill Level - II
4. Wage offered - $76k
5. Prevailing wage - 60k
I have a new job offer, from another company whose details are -
1. Job Title - Managing Consultant
2. Wage offered - $120k
This job would require me to play a role of Manager/Supervisor, Architect and also code.
Im not sure what SOC code the new company would offer me? From the latest bls.gov SOC guide "Supervisors of workers in Major Groups 13-0000 through 29-0000 usually have work experience and perform activities similar to those of the workers they supervise, and
therefore are classified with the workers they supervise."
So besides similar job duties does it require SOC compatibility for AC21?
Thanks in advance!
I have an EAD and have an approved labor and I-140 approved for over 180 days with my employer.
I am interested in knowing the clarity on SOC (speciality occupation codes) with AC21.
My current labor when filed has details in my ETA9089 form as -
1. SOC - 151051
2. Job Title - Computer Consultant/Programmer Analyst
3. Skill Level - II
4. Wage offered - $76k
5. Prevailing wage - 60k
I have a new job offer, from another company whose details are -
1. Job Title - Managing Consultant
2. Wage offered - $120k
This job would require me to play a role of Manager/Supervisor, Architect and also code.
Im not sure what SOC code the new company would offer me? From the latest bls.gov SOC guide "Supervisors of workers in Major Groups 13-0000 through 29-0000 usually have work experience and perform activities similar to those of the workers they supervise, and
therefore are classified with the workers they supervise."
So besides similar job duties does it require SOC compatibility for AC21?
Thanks in advance!
snathan
02-28 11:34 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
Its illegal and you can not attend only online course with F1 visa.
Thank you very much.
Its illegal and you can not attend only online course with F1 visa.
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