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    • keerthi
    04-03 11:01 AM
    I work as a software engineer in India and the US branch of my company has filed a L1-B petition by September 2008. The petition got denied by Nov 18, 2008 stating that I don't possess "specialized knowledge". Knowing that I am the only person who possesses knowledge of one of the company's product, we filed an appeal to re-consider by Dec 18, 2008.

    The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:

    Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

    Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.


    Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?

    Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?



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    • needhelp!
    05-21 07:52 PM
    Very good post and the answer is in the last part:

    "the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."

    I am not sure what what "renew 485" means though.



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    • Life2Live
    02-29 01:34 PM
    mate have you heard of thread hijacking? anyways looks like you have a weird one...when you say "resubmitted" it seems like they have lost your application once before as well? How are they accepting 485 application for you? what category are you in and whats your pd?

    Filed when date was current, it returned back by USCIS error. Resubmitted with the evidence on Nov along with the USCIS letter. Is that clarify ur doubt.



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    • LostInGCProcess
    09-04 11:07 AM
    I beg to disagree on this thought: If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
    so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
    I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.


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    • terpcurt
    December 25th, 2004, 06:38 AM
    My phone is not a camera phone.......................... and I like it that way ;)
    FP Scheduling worries ! [Archive] - Immigration Voice
    Log in

    View Full Version : FP Scheduling worries !




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    • naushit
    02-12 03:22 PM
    Chris,

    This is what I did, I just called and told them I need to do FP, can you please schedule it for me?, and surprisingly without any resistance they just scheduled my finger prints for First week of March! (yesterday I received FP notice,scheduled for fist week of March 2009).

    I do not think without valid FP your case will pass their , "ready to approve" filter criteria.
    so get your FP done.

    Good luck,

    Regards,
    -N


    You are right. My finger prints are expired and called several times and took info pass.

    Same answer, " if IO thinks need FP, they will send. Wait for their decission". :mad:


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    • vjkypally
    03-17 10:40 AM
    You cant just divide 500000 by 3. The numbers are not same for all categories.Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
    Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.



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    • SureShot
    06-05 11:22 AM
    You should all be very proud of yourselves.

    These are the biggest pieces of S**T I have ever seen! Congrats!


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    • gapala
    04-22 02:53 PM
    Think twice before you jump into mistakes. How can you survive in USA if you dont have a job.

    I agree with the other post, you probably might be better in India in this economy.

    Also US is becoming something else, due to the pressure from "protectionalists" and you need to wait and see what happens in an year or so. This is not 1998, it is 2009.

    To answer your question, you chances for 2010 H1B is extremely low.

    Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.

    For an employer to sponsor a foreign worker on H1B,
    First of all, there needs to be a skilled worker position open and available in US and
    2nd that there are no "qualified" US citizens are available to fill that position.

    OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.

    No offense to any one but just calling for more caution as we have seen increased number of posts like these.



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    • cin45220
    03-28 03:10 PM
    Thanks, snathan.
    Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
    Hey Dazed,

    How much time did it take you to get the refund?

    Thanks,
    -CinBoy


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    • ilikekilo
    05-11 11:57 AM
    i already did send a few



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    • vinnysuru
    04-01 10:10 AM
    Hello Everyone -

    I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.

    Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other



    Hi Piyu, Wow you are lucky. I am from India EB2 (Jan 2006 PD). Non Concurrent with approved 140 Filed 485 on 25th July 07. FP in Sep 07. Haven't heard a word since then. I called NSC last week and they said my name check is pending. Derivative cleared. They have moved processing dates back to June 8th, so they don't expect my case to assigned to an officer for review at least for 2-3 months.

    Would you mind sharing specifics of your case?
    1. What was your exact PD (Day?)
    2. Which service center did you file with?
    3. What day did you file in July? Are you in any special category with EB2 like NIW?
    4. What is your country of chargeability? Are you cross chargeable to any other country?

    Good luck! Yes, now you would just have to wait for PD to become current and you will get approval. Check . Lots of approvals in last 2 weeks for people in similar situations! More in come this month as PD's move forward today.

    I am Happy for you! Gives all of us hope.


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    • dummgelauft
    09-23 08:38 AM
    As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....

    Just wait a couple of yeard for the things to improve a bit, "American Workers" will go right back to getting high on borrowed money, spending money that they don't have...this will all go away. Then, the focus will be..i don't know.....buying "stuff".

    Plus, other countries are not sleeping any more. America started the outsourcing model and now, the hitherto underdeveloped economies have expanded their own industrial base and middle class. WHile US protectionism might hurt them in the short run, but they are much better prepared than they were, only a few years ago.

    Druecken die daumen!!



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    • GC08
    02-04 05:02 PM
    I don't think Americans are that short sighted or narrow minded to want to steal your social security money. I know, i read a lot of press releases on how their social security is in a mess. They will fix it. I have no doubt about it.
    Who thought India would be in such a limelight and then go on to be economic power before year 2000?
    In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.

    Just be positive and drink a high gravity beer.


    How do you know that they are not? Look at all the deficits, the American government is going to bankcrupcy if nothing is done. I recently read some article talking about American professors/researchers went to other places, like Austalia, for jobs because their research funding was cut.

    Americans are very "near-sighted", to some extent. For issues like legal immigrants, they do not need to be far-sighted and worst, to think about you cause you are just one of the persons in the labor pool for American companies to use. Sometime ago, I heard on NPR talking about those Mexican migrant workers. Basically, Americans brought them to America during the time of labor shortage and kicked them out like trash during tough times.

    That's always the case.. You are here for Americans to use ... wether you are farmers or professionals. My supervisors once even said that new comers had always been at the bottom of America.

    Being positive is one thing, being realistic is another. :cool:


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    • sanjay02
    01-07 06:03 PM
    You dont need to inform USCIS about new passport, but make sure you carry your old as well as new passport, dont discard the old passport as yet.



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    • meridiani.planum
    07-19 04:36 PM
    Hi All,
    My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.

    Can some body guide me
    -Srarao
    $100-so far

    that is typically not an issue. lot of people (Esp from India) get a +ve on the skin test because of reaction with the BCG vaccine that they received in childhood. You will most likely not even get an RFE as USCIS knows about this.
    If by chance you do, I believe you can go to a USCIS certified doctor (where you probably got those tests done) and he would prescribe some medication. You just send that report back, and you are all set.


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    • Ann Ruben
    05-15 03:53 PM
    In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.



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    • chanduv23
    01-31 12:36 PM
    Who is United Nations? From your views, it seems like United Nations is a pretty strong asset. Please post more information.

    he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
    In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
    He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
    He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
    Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.



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    • glus
    01-02 12:39 PM
    Appreciate the responses...my concern was whether a potential H1B denial would cause problems at port of entry when using Advance Parole...

    Normally not, unless the IO marks the passport as "inadmissible" for any reason.



    desigirl
    12-01 09:52 AM
    We need to get all these businesses to join together with Immigration voice and support us by lobbying and funding.
    No Great H-1b will come here if its going to take 10-20 years to get a Green card.
    I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
    This is a big thing that is missing so far.
    See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.

    Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
    I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).

    If he chooses to donate would it be the "contribute" link?



    ARUNRAMANATHAN
    06-11 02:23 PM
    bump


    Posted by Neariah at 2:34 AM

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