Monday, July 4, 2011

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  • ski_dude12
    06-22 12:18 PM
    Opening this thread to see if USCIS is approving any EB2/EB3 applications after moving the dates in the July bulletin.

    Please update this thread of your application has been approved or you know of someone who got approval.

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  • vshar
    03-13 11:29 PM
    It is form G-639. You can get it from USCIS website.

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  • sircaustic
    01-02 11:47 AM
    I am filing for Advance Parole for my wife. What documents do you suggest I submit along with the application in addition to those listed on USCIS website? What is a better option to use - e-filing or via regular mail?
    She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
    Response will be greatly appreciated!

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  • ksircar
    06-23 12:39 PM
    If dates stay current (expected for maybe July), I-485 processing is FIFO based on receipt date of I-485.
    If dates retrogress, I-485 processing is FIFO based on PD.

    IF dates stay current THEN
    I-485 processing is FIFO based on receipt date of I-485
    I-485 processing is FIFO based on PD
    END IF



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  • ssdtm
    02-28 11:37 PM
    You DO NEED an LCA with a new job location.
    It is a fast online process. I seriously recommend that you do it.

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  • bsbawa10
    04-16 01:45 PM
    I have recently filled the USCIS survey. But I am not satisfied with all the questions they have. I want to tell what we want to tell (not what they want to hear)
    I have an idea to send USCIS director information about how they are doing ? (In terms of delays, consistency, customer service, implementation, transparency). This will not cost any dime to anybody and at the same time make an impact.

    Step One:

    One of us can first create a survey on survery monkey (detailed one..with complete description about various aspects of USCIS) . I have created a Draft of the questions which can go in the survey. You can add more (Please do not delete the existing ones).
    The real survey can contain scale of measurement (1 to 10) and also descriptive comments. I can keep the draft open for 10 days before creating/publishing the real survey so that everybody can contribute to creating it. Here is the link to the draft (feel free to add more questions which are to the point and can make an impact)
    USCIS Survey (Draft) - Google Docs (

    Step Two:

    Open/Publish the survery to Immigration Voice users and all other customers of USCIS(Advertise this on the other websites too). We can keep it open for 10 days to get everybody's participation.

    Step Three.

    Get the results and and send the results to the USCIS director(These will contain ratings of where USCIS stands and suggestions for improvements). We can also send them to the President. This has to be a collaborative effort and will only cost .44 cents stamp(not .44 cents each but .44cents only)

    I do not think they measure themselves at all (right now whatever they do is right).
    I think this is nice gift to USCIS which they need desperatly. Also it could be an eye opener.
    Any suggestions to this would be welcome.


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  • yestogc
    05-04 08:48 PM
    YES return flight for whole family is employers responsibility ................. of course not by business class.

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  • bsbawa10
    03-11 09:30 PM
    I have filed for the position for "Progammer Analyst " in company A. I applied for I485 after I140 approval and it has been more than 180 days. I work for company B but in totally different position(unrelated to programmer analyst).
    I just got a job of "Programmer cum Instructor" from company C who is transferring my H1. I do not know if I can invoke Ac21 or not. In case yes, then I think I will never have to join company A. Am I right ?


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  • Blog Feeds
    06-24 01:20 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Citizenship and Immigration Service (USCIS) has extended the time period for information collection ( for Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document until July 23, 2010.

    During this period, USCIS will be evaluating whether to revise Form I-102 (

    The purpose of the form: for a nonimmigrant to apply for a new or replacement Form I-94 or I-95 Nonimmigrant Arrival-Departure Document.

    Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.

    Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to be collected; and
    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Comments may be submitted to:
    Department of Homeland Security (DHS), USCIS,
    Chief, Regulatory Products Division, Clearance Office,
    111 Massachusetts Avenue, NW
    Washington, DC 20529-2210

    Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at

    **When submitting comments by e-mail, please make sure to add OMB Control No. 1615�0079 in the subject box.

    More... (

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  • anna20
    02-05 06:47 PM
    Thanks amitjoey .

    I140 is already approved Was just waiting for 180 days to finish . So in this time of recession waiting for employer to find a project(corp to corp) or should i accept the offer and wait till i get the EAD to start work .


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  • kondur_007
    07-12 03:51 PM
    Great news for EB2 India.

    As expected, this will clear out early 2006 cases.

    Also note that now EB2 India and China has same PD and that means EB2 China may consume some of the spillover (or fall down/across) numbers.

    Good Luck to every one....:)

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  • jelo
    02-10 10:31 AM
    Just could have been a clerical error. Even this is my guess. Because I am running out of reasons for triggering that question.
    Thanks alot for responding


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  • kshitijnt
    04-30 01:14 PM
    Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.

    Thanks in advance.

    does not hurt to get a new one.

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  • hebbar77
    03-15 11:38 PM
    gc28262 : Thanks million times. I cant describe in words how much that info helps!
    No wonder your green dots overflow the line!


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  • hari-patti
    10-11 09:41 AM
    HI Folks

    The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.

    Is that true?????

    Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.

    Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??


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  • anilkumar0902
    12-19 05:07 PM
    If your university is outside of USA, then how about you get a Foreign Credential Evaluation done..This will clearly state, if your educational qualifications are considered equivalent to a Masters in the USA..This will enable you to file your application with confidence...Talk to your lawyer.

    Good luck.


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  • sandeep_1
    07-22 10:48 PM
    Anybody else whose spouse GC is stalled? Any suggestions?

    oh my! It is really painful to see that you have been waiting this long.. Based on your priority date, you should be current next month. Good luck.

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  • Desertfox
    07-28 03:44 PM
    Probably the last action rule triggers in your case from Oct'08 and you will not be considered in L-1 status anymore. You should talk to an attorney I guess.

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  • HumJumboHathuJumbo
    09-17 12:17 PM
    I am a july 07 filer with EB2 PD Oct 2005. I switched employers in early part of this year. My employer has been very erratic and not paying me salary for past 2 months because his money is not cleared from his client. I have found another contract but my employer wants to wait until his money is cleared before he can pay me and that can take longer than 6 months !!! (if his money is not cleared before)

    Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.

    green if this helps otherwise just ignore.

    09-22 09:14 AM
    sit back and relax for 5 years and don't get involved in any crime ;-)
    I recently got my gc. Is there anything I need to do to initiate my Citizenship process ?


    09-10 04:36 PM

    I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.

    My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?

    My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?

    Please share your thoughts and help me.

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