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  • sapota
    10-18 06:03 PM
    Thats not true.. A few days back I read on IV forum itself that around 10K were wasted this year too.

    Was it reported from AILA or ombudsman or someone making prediction? A few days ago, USCIS issued a report saying that they approved 60k GCs due to the July fiasco. That should cover all available visa numbers for FY 2007.

    From Oh law breaking news :


    10/17/2007: Total of 60,000+ EB-485 Applications Adjudicated During July-August-September by NSC and TSC

    * AILA has reported that during the period of July, August, and September 2007, Nebraska Service Center and Texas Service Center adjudicated 60,000 plus EB-485 applications. Since EB visa number was unavailable for the entire EB cases in August, presumedly a substantial portion of these cases could include those cases for which the EB visa numbers were pull out before July 2, 2007 in June and adjudicated throughout the period as reported by some I-485 applicants who reported that their I-485 applications were approved when the visa number was unavailable. Interesting.





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  • pappu
    01-30 02:47 PM
    Please update your profiles and help us make this tracker popular. Here are some tutorials to help you get started

    Getting Started: http://www.youtube.com/watch?v=L9mE1L5HWm8&fmt=18
    Basics: http://www.youtube.com/watch?v=PFDccTmrMfY&fmt=18
    Finding and Filtering: http://www.youtube.com/watch?v=vf_1yqAGZYs&fmt=18


    FAQs:http://immigrationvoice.org/wiki/index.php/IV_TRACKER


    We urge everyone to input correct profile details so that we can help each other. Please also politely nudge each other to enter correct profile details when you see an incorrect data. We need the analysis as charts and graphs of this data for a presentation we will do to lawmakers for recapture bill this year and any possible admin fixes.
    Correct data will also help everyone track cases better on IV tracker.

    Let us all help in this effort.





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  • dingudi
    09-30 06:48 PM
    Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).

    I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.

    As for AC21 law, it is associated with an approved I-140 and not a pending I-140.




    I-485 July 2 filer , ND Sept 10
    No FP yet





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  • mrajatish
    06-18 05:55 PM
    Exactly the same as mine (except that I needed to copy whole passport)



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  • Lasantha
    02-18 12:07 PM
    I don't think you are missing anything. I don't think the congress will pass a bill to recapture EB visas out of the blue like that. It will take lots of effort from the pro-immigrant community and will face a great deal of opposition like it did in the past from the anti lobby. It won't be handed to us in a plate just like that.

    Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..





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  • solraj
    03-19 01:24 PM
    Check with the employer and the designated lawyer if they received a notice saying 140 denied.If not check with your employer and see how the trend is wrt 140 approvals recently if anyone got approvals or any denials if yes is it an Ability to pay or Education.Either way you can file a Motion to reopen for both 140 and 485.I believe it has to be done in 30 days. So you should really rush getting this done.I would advise doing it from a very experienced lawyer than the actual lawyer who filed your original cae.



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  • nixstor
    09-10 08:42 AM
    What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.

    Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.





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  • sledge_hammer
    06-09 05:25 PM
    By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!

    I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.

    You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.

    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?



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  • gc_chahiye
    11-29 04:38 PM
    Hello Gurus,

    I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.

    Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?

    thanks.

    Yes, you can re-enter on AP even if your 485 gets approved in your absence. Carry your AP, 485 receipt copy etc with you.
    Only potential for trouble is if your 485 gets denied for some reason. Then the only way to re-enter would be some visa...





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  • arc
    07-07 02:40 PM
    Any one who owns corp or who has accounting background!!!



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  • Since1997
    08-13 11:24 AM
    Couple of Jul 2nd filers got receipts - as per murthy forum members.....





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  • GC4US
    11-02 02:10 AM
    Got Ead on Nov. 1st, please see my signature.



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  • new_horizon
    08-03 11:22 PM
    Great idea. But make sure the replies you send are appropriate to the questions. I think those who add that to their signature should be more careful in avoiding jokes or vain words so that others don't take it (signature) lightly.





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  • gconmymind
    10-04 03:53 PM
    Yes, you have to submit your papers at least 5 business days I think before your interview date. It is a requirement for the Mumbai consulate. Mumbai consulate is like my second home :(.
    Question.
    When I check the website I see this Step 4:
    Does this mean that I first need to pass the documents to the application centre and only then after 3 days can I go to the embassy?
    Can't I just get the date and go to the embassy direct?



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  • Britsabroad
    March 6th, 2004, 08:51 AM
    Didnt see the edits. The first image you took is the best





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  • gc@waiting
    07-21 06:27 AM
    Does anyone have any experience with the name variations (the same old LNU/FNU stuff) leading to I485 rejection? I have the following names used in various combinations on multiple visa stampings (B, L1, H1B, H1B,H1B....).

    FNU FirstName
    FirstName LNU
    FirstName LastName(as in birth certificate)
    LNU FirstName

    My Birth certificate has the complete "firstname lastname", while the degree certificate/credentials only have the first name, the most recent I94 & 797 have the name similar to the birth certicate (SSN has FirstName LNU). I485 applied under the birth certificate name with an AFFIDAVIT as advised by my attorney explaining the confusion about the name.

    A greatly appreciate anyone shedding some light on this, thanks in advance.



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  • danu2007
    08-03 05:34 PM
    My I-140 is approved.

    But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?





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  • desi485
    10-11 01:52 PM
    fortunately I haven't used EAD. In fact neither my spouse has. But we were about to use spouse EAD when we sniffed this possibilty. This is the reason I am asking if any one has any insight to share. Title of the thread is little misleading but unble to change it now. this is a IF THEN condition as if now. aplogise for the same. However I am sure so many families getting EAD, so many ppl will be concerned about this. This might be real for some one of us.





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  • meda
    05-13 08:40 AM
    Just got response for my SR saying there is a RFE on my case and the letter is sent to my attorney. No update or no SLUD, LUD online. No RFE on spouse case but still waiting.





    tpcool
    05-31 05:21 PM
    Hi,

    I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

    A short description of this role (for those of you who don't know about this role)

    The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

    I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

    All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

    Appreciate your thoughts on this





    sunny1000
    06-19 07:12 PM
    The below thread has a lot of info.

    http://immigrationvoice.org/forum/showthread.php?t=16145&highlight=PIMS



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