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  • Ruta
    07-17 05:38 PM
    Office of Communications
    www.uscis.gov
    July 17, 2007
    Contact: Office of Communications
    202-272-1200
    USCIS Update
    USCIS Announces Revised Processing Procedures for
    Adjustment of Status Applications
    WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that,
    beginning immediately, it will accept employment-based applications to adjust status (Form I-
    485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107.
    USCIS will accept applications filed not later than August 17, 2007.
    On July 2, 2007, USCIS announced that it would not accept any additional employment-based
    applications to adjust status. USCIS made that announcement after receiving an update from the
    Department of State that it would not authorize any additional employment-based visa numbers
    for this fiscal year. After consulting with USCIS, the Department of State has advised that
    Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for
    purposes of determining employment visa number availability, and that Visa Bulletin #108
    (dated July 2) has been withdrawn.
    �The public reaction to the July 2 announcement made it clear that the federal government�s
    management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I
    am committed to working with Congress and the State Department to implement a more efficient
    system in line with public expectations.�
    USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No.
    107 a full month�s time to do so. Applications already properly filed with USCIS will also be
    accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107
    through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
    apply to all other applications filed on or after July 30, 2007).
    -USCIS





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  • div_bell_2003
    03-24 06:56 PM
    Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.





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  • prioritydate
    08-13 12:31 AM
    When India won its first Olympics individual medal, someone posted it on this site. People descended on that poor guy asking him to stick to the subject. Now where are those guys? Do I need to assume that they are not offended by this time?





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  • StukAtBEC
    08-11 09:22 AM
    If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?

    Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.



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  • desi485
    07-28 05:45 PM
    if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...

    Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.

    sent recently to lawyer, may be still on the way to NSC. His current EAD expires by last week of september. This leaves window of less than 60 days. I am sure there will be so much of workload as all JULY Filers would be renewing the EADs.





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  • vishage
    11-26 01:59 PM
    what is that??



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  • Achi Goro
    07-15 02:04 PM
    Need help on which application to withdraw. I did file 1-765 paper application with the Nebraska service center. For a month, I had no receipt from them. So I called them to see if they could get me with the receipt number, but to no avail.

    Having thought that it might have been lost in the mail, I e-filed this time to Texas Center and had the receipt immediately after submission. Today I check my bank account only to be seen that the the check I issued to the Nebraska service center for my first application has been posted.

    Now I'm thinking of which one to withdraw. I'm thinking of keeping the one with the Texas service center since EAD applications are faster processed there than at the Nebraska service center. Do you see any possibility of refund?

    Your response would be very much appreciated.





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  • GCMangataHai
    10-20 11:15 PM
    I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.



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  • GCisLottery
    05-25 08:17 AM
    It was not clear how this amendment affects, so I did some reading myself and found how it quietly does it. And adds a little incentive i.e. the total number may not exceed 650,000. In other words, alloting 200,000 for dependants(650,000 total - 450,000 primary)

    I get a feeling that this might pass if it is presented on the floor smartly to kindle some number/cost sentiment.

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``
    (2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable
    in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after
    October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against
    the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and
    paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the
    Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
    -----------
    INA 245B(Employment based) 245C(Family based) (http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245)

    245B:
    (b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.





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  • hivicks
    04-07 09:48 AM
    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?

    Thanks



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  • mbkreddy
    09-20 09:50 AM
    NPRs market place full article can be found here
    http://marketplace.publicradio.org/display/web/2007/09/20/skilled_immigrant_protests/





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  • Green.Tech
    08-20 10:08 AM
    No. I changed to a different company with same position.

    It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.



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  • frostrated
    10-01 11:57 PM
    it is possible for company B to apply as a future employee. But if you do not join company B after the GC is approved, it constitutes fraud on your part and that of the company.





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  • ken
    04-08 03:25 PM
    Is there anyone who is in similar situation?..



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  • slowwin
    03-02 10:45 AM
    bump





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  • sidd_k2002
    03-24 09:00 PM
    Friends any more suggestions regarding my problem here. Plese share ur knowledge.



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  • gc@waiting
    07-25 06:17 AM
    Can someone shed some light as to what exactly are the things checked and the steps in 140 processing? Is it one's education credentials or employer history and/or ability to employ/pay etc?





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  • nvmurali
    06-02 02:40 PM
    Hi,

    I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.

    Now -- I need to change employers as my employer is asking me to become full time from consulting.

    2 questions:
    1. Can I use this extension to change employers?

    2. Can I start the GC process with the 140 priority date? (Feb '08)?

    Thanks

    PS: I apologize if this is in the wrong forum.





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  • sunny1000
    12-18 09:58 PM
    They should also enforce it so that we don't get cheated by the employers.:p

    Govt. has stipulated some wage while doing LCA. I think these activists should go after the govt. to raise that wage if they feel if it is low.





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    09-12 01:55 PM
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