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  • ohguy
    02-12 10:06 PM
    Yesterday I got emails that both me and my wife's 485 were transferred to TSC from NSC although I am staying in Ohio which comes under NSC. It could be the load balancing I think. I hope it's good cos TSC is much faster to process 485 applications. Mine is EB2 March 2006.





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  • vban2007
    06-07 02:21 PM
    Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.

    IF� THEN �
    Your petition
    receipt number
    begins with
    �WAC�
    Send supporting documentation to:
    California Service Center
    Attn: E-Filed I-765
    P.O. Box 10 765
    Laguna Niguel, CA 92607-0765
    Your petition
    receipt number
    begins with �LIN�
    Send supporting documentation to:
    Nebraska Service Center
    Attn: E-Filed I-765
    PO Box 87373
    Lincoln, NE 68501-7373
    Your petition
    receipt number
    begins with �SRC�
    Send supporting documentation to:
    Texas Service Center
    Attn: E-Filed I-765
    P.O. Box 852401
    Mesquite, TX 75185-2401
    Your petition
    receipt number
    begins with �EAC�
    Send supporting documentation to:
    Vermont Service Center
    Attn: E-Filed I-765
    75 Lower Welden Street
    St. Albans, VT 054790001





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  • sent4dc
    08-25 06:07 PM
    Hi everyone:


    I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.

    What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.





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  • sam_hoosier
    12-15 09:37 PM
    Hi All,
    Can some one advice whether I can qualify for EB-2 Category?

    I am a Chartered Accountant from India with 10 years of Post Qualification Experience.

    I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.

    I do not have any other master degree like M. Com / M.Sc etc.

    Would I qualify for EB-2 Category ?

    Regards

    System Consultant role might be an EB2 role i.e.require a Masters degree, but it probably does not require Accounting (CA) qualifications.

    So it would be tough to make a case for EB2.



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  • snathan
    02-22 10:57 PM
    Is there a specific stage in the process till which point i have to be in US. If I go back, I will go back to India on a job with the same employer and can come back later with the same employer. Thanks.

    Technically No. But you never know what USCIS will ask for





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  • BlueSoft
    01-16 06:19 AM
    Hello,

    Do not upgrade your file for Premium Processing. Any time you do that, chances for an RFE from USCIS goo higher. You will get a decision from USCIS within two weeks for sure. You can also call USCIS as right now they are processing cases which they have received in late July and mid August.



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  • ArkBird
    09-14 11:46 PM
    Thanks for sharing your experience.. BTW, were you using your AP for the first time? I have heard that while traveling on AP you need to go through secondary screen, which takes time. Is that true?

    Yes you have to go to secondary inspection. Time depends on how many other people are referred to secondary inspection. There will be some with AP some with other issues. In my case, there were 7-8 people ahead of us and it took close to 90 minutes.

    HTH





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  • krishnam70
    05-08 11:28 AM
    Now they want to visit client place for the H1b people.

    There are only 415,000 H1-b holders in USA.
    And number of employed labor in USA are 144 million. (as per DOL)

    And we form 0.28% of the workforce in the entire USA.

    Why the hell they are whining about 0.28% ??
    Can anybody tell me if i am wrong with numbers here?

    ---------------------------------------------------------
    05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits

    Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
    ---------------------------------------------------------


    ---------------------------------------------------------
    Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
    Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
    2008: 409,619
    2007: 461,730
    2006: 431,853
    2005: 407,418
    2004: 386,821
    Reach of H-1B Cap in Recent Fiscal Years
    2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
    2009: 1 day
    2008: 2 days
    2007: 56 days
    2006: 132 days
    2005: 184 days
    2004: 323 days
    The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?

    ---------------------------------------------------------

    I know cos it happened at my workplace

    -cheers
    kris



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  • snathan
    12-22 05:09 PM
    Gaz

    I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
    My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?

    You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.





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  • pappu
    02-09 01:39 PM
    Call up AILA and ask them what are your options. Do not tell them the lawyer name yet.

    Contact the state bar of this lawyer. Each lawyer is licensed to practice in his state. call them up and ask for your options.

    pls post your answers on this thread so that everyone can know how to deal with such lawyers and what rights (clients) have.



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  • Better_Days
    03-03 02:30 PM
    Now that all the aspiring *highly skilled* and *educated* immigrants are done bashing each other on whatever ethnic\religious\cultural issue is in vogue these days, here is what the new rule says:

    USCIS will no longer automatically approve an I-485 if the background check has been pending for more than 180 days. Instead, if the check has been pending for 150 days, adjudicator will contact a designated person at the HQ who will then contact FBI to determine the reason for delay. The designated contact will then provide guidance to the adjudicator on whether the specific case should be approved or not.

    Some may argue that we should give them the benefit of doubt. But after dealing with the incompetence of these folks for the last 10 years, I am a bit leery. Right on the surface, it seems that there are two choke points in the process: the designated contact at USCIS and the FBI. After a while, the designated office may start publishing dates saying that they are currently handling cases forwarded to them before MM/DD/YYYY or that the cases has been forwarded to FBI who is currently working on cases forwarded to them in MM1/DD1/YYYY1.

    We may not be back to square one, but we may be half way there.

    Best of luck to all





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  • msyedy
    02-05 02:29 PM
    Is the 45 day approved labor validity Rule already in place?

    Jonty ask a lawyer.... that is the best solution because no one here will be filling your application for I-140.



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  • starscream
    04-30 04:03 PM
    did the committee question Greenspan about any issues related to us EB GC issues?

    Please update anyone





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  • krustycat
    10-24 08:39 PM
    fatjoe.

    Did you get any receipt # in the mail or from your lawyer before calling them to ask for the checks to be cashed?
    Because they are refusing to enter a "service request" for my case unless I provide them with a receipt # (Which I didn't get, that's the reason I am calling. This is like a closed loop. I am calling because I didn't get anything receipt yet, they tell me I cannot do anything if I don't give them a receipt #, it's funny, isn't it?). They don't accept my tracking number from USPS express mail as a proof of receipt.



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  • gcformeornot
    09-25 03:53 PM
    When 140 is revoked USCIS generally send NOID and ask from a offer letter from intended(new) employer. If you can not provide a letter from new employer... they will deny 485.... sorry.

    Your EAD is valid, but it is useful only if you have a new job.





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  • pankaj_singal
    08-20 08:22 PM
    only word for this is RIDICULOUS.....

    USCIS is really playing basket ball with my case. I am desperately to know why ? (NSC->TSC->CSC->TSC)

    History of events

    July 21, 2007: Filed I485 with NSC

    Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC

    July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"

    Aug 14, 2008 : Case Transfered to TSC : No reason given.

    Anybody in same boat ?



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  • saurin
    02-09 09:24 AM
    I inquired about the possiblity of LOA and that is definately possible according to my manager. Now how to get paystubs when there is an RFE?





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  • immigrant2007
    09-26 12:46 AM
    time to sart a campaign.....hey I am legal, I applied for GC in 2001 and govt will give it to me after it has given to all 245i, and everyone and that happens to be in 2012, so how abt guys in 2002,2003,2004?
    When it was time to give GC govt wasted all our numbers now they dont want to give us.

    BTW is there really a law that disallows using unused visa number for a given fiscal year oafter the end of that fiscal year? If so where is it and how does it read like?





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  • ChangingJobs
    06-30 09:22 PM
    Changingjobs:

    You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.

    Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.

    You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.

    I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.

    Thanks a lot for the clear answer. This is very useful.





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    10-02 06:48 PM
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    antwoods
    07-06 01:57 AM
    I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
    Here is my current status :
    6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :

    1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?
    2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?
    3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?

    Thanks.



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