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  • I applied for H1B extension in October 2006 as my H1B was about to expire in December. After five months of applying, got an RFE in February 2007 . My employer replied to the query in Mid March 2007. My employer was reluctant to do a premium processing when he replied the query, saying that he doesn't want to take any risk. CSC transfered my case to Seattle, WA field office ( the field office is no where near my employers physical location, not even close to where I live) on April 4th. I guessed that its because of new H1 petitions filed in April. Its been more than 3 months and no action taken on my petition. We tried to convert into premium processing, but the field office rejected it saying they don't accept premium processing in their jurisdiction. So nothing else to do but to wait wait wait. Total time passed since my initial petition in October ( 9 months).

    My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.

    I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.

    My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until October 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.

    I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they don't deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petition Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.

    Any valuable suggestions would be appreciated.

    Thanks

    Any details on RFE? That seems to be key here.

    About your Wife's H1, you should reply with the details of her pending H4 extension and she is in legal status.



    ________________________
    Not a legal advice.





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  • Please note all pending 500,000 applications do not belong to EB. Some are family based.


    Regards
    Alex





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  • sorry posted in other threads too. But we will have this updatefirst and then i think we will get the bulletin by monday.
    may be some mass updates today?
    From:http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a5b0a083ef5b3110VgnVCM1000004718190aRCR D
    Scheduled System Outages

    On Thursday, July 12, 2007, at 9 PM EDT, certain USCIS web-based systems will be taken out of service for maintenance upgrades. They should be restored in approximately three to four hours. These systems include:

    *
    Case Status Online (and processing times)
    *
    Field Office Locator and Information
    *
    Civil Surgeon Locator; and
    *
    Change of Address Online

    We apologize for the inconvenience.





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  • irs has already posted how you can get rebate if you were not eligible last year but you are eligible now (after getting dependents ssn)

    http://www.irs.gov/newsroom/article/0,,id=186065,00.html?portlet=7

    AFAIK, those who become ligible to receive stimulus in 2008 can claim stimulus of previous year. IRS will post information - how to claim it.





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  • Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)

    It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.

    I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!

    Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!

    Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!





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  • As per my lawyer

    All you need is the job title and the duties for AC21. At the time when we filed your labor application, we did not use SOC code. The code was assigned by State Wage Unit when they determined the prevailing wage. They did not care what the job title was. Rather, they determined it based on the acceptable field of study to maximize the salary required. Consequently, it often did not match with the job title on the application.

    Like I mentioned above, the occ code as assigned by SESA may not match the job description on the application. It is the risk you will take if you followed the occ code to find your job title and/or skills.





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  • I recently moved to IL, I would like to join the IL state chapter.. please advise





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  • some one help please

    You can appeal quoting your friend got approved. I have seen in the past, people got their approvals in appeal.

    You must consult a good attorney and go for appeal if you think your employer is willing to help and has the ability to pay, appeal is your best route or go for another job and reaply with your new employer.

    Good Luck..

    RV





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  • Your status is in no way tied to the validity of your passport. Making I94 expire with passport is not legally justified. I know two friends who have I94s expiring beyond their passport expiration date. Also, last time I extended my H1B, the I94 they sent expired 11 months after my passport expiration.

    But as is usual with USCIS and CBP, different agents behave differently. Some give you I94 expiring 10 days after H1B, some the same day. They are rarely consistent.

    If you think USCIS is crazy, wait till you try renewing your driver's license. Regular state DMV employees are expected to be well versed on immigration matters?!? Huh, what a joke...

    A passport is a travel document. If it expires, it does not mean you lost your nationality or status, it just means you cannot travel. Imagine if visa stamps expired with passports too...

    Fact: legislators and bureaucrats do not really care. They set fairly arbitrary rules, to justify why they are getting their salaries (which we are paying).





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  • Firstly, i would like to thank you for replying to my question. Please find the below email sent by my lawyer today:

    As per our conversation, attached are the two lists that you can review.

    Starting from November 1st *Onet has changed the positions for software professionals, please find information below according to *Onet http://online.onetcenter.org/

    There are no EB2 positions available for the Software professionals, only EB3 positions are available. However as we discussed earlier if the company has a business necessity and are able to produce the documents for the business necessity you can file the case under EB2, which is still beyond the requirement according to Labor Department.
    Thanks for sharing this info, you mentioned two lists? where is the second one?
    One thing is clear, this is going to affect future petitions, any idea on the approved/existing cases?





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  • Guys,
    Not sure whether my suggestions help any one, but I do have some real time knowledge about this process.

    You can do EB2 with following options
    1. A bachelor's (4 year degree) + 5 years exp. This exp should be with prior companies.
    2. Master's with no minimum exp.
    I am assuming you guys already have knowledge about EB2 requirements and skills. Basically, there is nothing in IT, which needs Bachelors or Masters. Requirement is defined by HR on advice by Attorney. Any job requirement can be defined as some thing which needs a bachelors or masters.

    My company applied for me and another guy under EB2, since both of us have master's degrees over here. But, for another guy who had 7-8 years of prior exp, my attorney applied in EB3. This guys is a dev team lead and is one level above me.
    By April 2008, we had our I-140's approved, but this guy (in EB3) doesn't know he in EB3.
    Accidentally, I found out when I am cross checking with him regarding H4 extension for my wife, whether he did it on time for his wife.
    We forced him to talk to HR and Attorney and they agreed to do EB2 for him.
    Attorney simply filed I-140 under EB2 using his EB3 labor and it was approved in 4 months.
    We are confused about this whole process, but it worked for him. May be some of you, who falls in this category can try doing the same with out actually changing jobs.

    Another option for people who are using EAD. I am encouraging one of my colleague to get him to talk to HR, to apply for EB2. He doesn't have H1, but one doesn't need to have H1, when they have some thing like EAD. They can use EAD to change job and start the process again, but once their ported old PD with new I-140 was approved, they will be ready to file new I-485. This will reduce their waiting time a lot.

    Thanks,
    Nayekal





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  • Man you gotta shove it in your a$$ - that's the safest place pal.

    See I am still regretting not doing it, lost my GC and had start all over again in July 07

    Thats not a nice reply.
    Congrats for getting your GC!
    I hope EB3 Guys do not treat EB2 guys with such a hatred behaviour
    We will make it too sooner or later.
    I am sure next bulletin will be a surprise for everybody
    Tighten your seat belts. Only 27 days to go.





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  • Seshu,

    Which center did you file, is it NSC? If so, on what date.

    I applied on 23 July at NSC and havent received anything so far.

    Thanks,
    -rk.

    My employer sent the package to Nebraska and I think it reached them on the 23rd....





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  • The OP might be a person who needs EAD very badly....you know, to start earning for day to day living....

    Receipts can give you sense of security in terms of your application but for those without H1 or L1 and expecting EAD, EAD can give them job and earnings.

    I must agree - both are important..it is just each one of us have different cases and circumstances.





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  • These people are getting fodder for their bigotry from our website only. We have educated them well enough to abuse us.

    Believe me, the number 700K by Tancredo comes somewhere from our site only.

    IV is being scanned by these anti immigrants





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  • Dugg it and sent a thanks mail to WSJ.





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  • Gurus,
    I need your help in this scenario. I went to India during Mar 06 and got a stamping on my passport till Jun 2010 (based on my I140 approval). But at the POE, the officer stamped my I-94 till Jun 07 as he could only stamp the date that was on my current I-797. He also told me that I can goto the local USCIS office and extend my I-94 till 2010. Is it true? and if so, how would I go about doing that??

    Thanks in Advance for all your help.





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  • My wife is also in a similar situation. She went for stamping on Feb 1st and then she received a 221g yellow form. We submitted the docs and we are just waiting for a response for more than 3 months. I researched quite a bit on this one, but there is no way to expedite this process. I even contacted the local senator. This is happening quite a bit now. If the case is genuine then it will get approved, but it might take some time.





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  • Can i re-enter with AP if H1 stampping rejected?





    Buddy, what were you doing for 40 days after your got terminated? If you knew it was coming you should have made efforts to transfer H1 or right after. If you transfer H1, then obviously INS will look for pay stubs etc from the last sponsoring co. Since you mentioned you never actually worked for them (if I understand this right) then you are in trouble. You can use EAD but you lose your H1 status. If you want to get back to H1 then you are back in the lottery mess to qualify for one. Obviously you need to decide what is important to you at this point. Marriage or your job/GC. Good luck.





    Thanks, But how would I know the case number? Because it was filed by my company and I dont have any clue.

    Also do you think there is any value in at least getting total number of LCs certified, by date and then basing our assumptions by proportioning how much each category is retrogressed? If we can actually get the real number and then making certain assumptions might still be more realistic than now when we dont know anything about how many LCs are in the queue. We might as well assume that those whose prority date is on or earlier than the certified date are approved (even if they are not) because they should be getting approved in a few months time. Especially EB3-I as I dont see rampant jumps in the priority date, you know what I mean?

    To answer your questions.. I could narrow the search down by case number as well as Employer name. That should hopefully pinpoint your case. The SOC code is the one you use to ensure same or similar per AC21. You can get the descriptions from the SOC classifications. Just Google SOC job Classification and you should get it.

    I had done some analysis as you suggest for EB3 India a while back, but was hampered by the fact that there is no information on country of chargeability for pre-perm cases.



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