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Member Profile: divideby7 (77 posts)

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Hello, I'm divideby7 (report this user)
I am from India
I last logged in on 20 Jan 2018
I have been a member since 06 Dec 2011
I have added 77 posts in trackitt forums
I added my last post on 21 Jan 2018
divideby7's Immigration Cases
 
I-485 case: Pending for 2121 days (1457 days more than average)   (0 comments)
User: divideby7 Nationality: India
Country of Chargeability:IndiaApplicant Type:primary
Service Center:NebraskaCategory:EB2
Priority Date:19 Dec 2009Application Filed:02 Apr 2012
USCIS Received Date:12 Apr 2012USCIS Notice Date:
USCIS Receipt Number:I-140/485 Filing:non-concurrent
I-140 Processing Type:regularI-140 Approval Date:
First Fingerprint Date:Second Fingerprint Date:
RFE Received?:RFE Received Date:
Reason for RFE:RFE Replied Date:
Case Transferred to:Transfer Date:
Name Check Status:Name Check Approval Date:
I-485 Status:pendingI-485 Approval/Denial Date:
Card Production Ordered:Card Received Date:
EAD Applied?:yesAP Applied?:yes
EAD Approval Date:AP Approval Date:
EAD Received:AP Received:
Time to Get EAD Approval:Time to Get AP Approval:
Time to Get Fingerprinting Done:Total Time to Get GC:
Most Recent LUD:Days Elapsed:2121 days
Experience:
Case Added to Tracker: 29 Sep 2014 Last Updated: 13 Jan 2018
Notes:

H-1B case:   (4 comments)
User: divideby7 Nationality: India
Application Type:extensionService Center:Nebraska
Processing Type:regularApplication Filed:12 Apr 2017
USCIS Received Date:13 Apr 2017Receipt Number:LIN17XXXXXX
RFE Received?:RFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:withdrawnApproval/Denial Date:
TN Status:Most Recent LUD:09 Jun 2017
Total Processing Time:Days Elapsed:285 days
Case Added to Tracker: 08 May 2017 Last Updated: 23 Oct 2017
Notes: Case transferred from Nebraska to California Center

H-1B case:   (20 comments)
User: divideby7 Nationality: India
Application Type:transferService Center:Vermont
Processing Type:premiumApplication Filed:21 Sep 2017
USCIS Received Date:10 Oct 2017Receipt Number:
RFE Received?:yesRFE Received Date:20 Oct 2017
Reason for RFE:Received RFEalert this morning. Awaiting to hear from Attorney what it is about. This is H1B Transfer to FTERFE Replied Date:02 Jan 2018
Application Status:deniedApproval/Denial Date:16 Jan 2018
TN Status:Most Recent LUD:16 Jan 2018
Total Processing Time:117 daysDays Elapsed:
Case Added to Tracker: 18 Oct 2017 Last Updated: 16 Jan 2018
Notes: The case was denied today. It was a FTE position and wage level 3. CSA role and RFE was related to Speciality Occupation. Fragomen submitted all documents and also did credential evaluation

H-1B case: Pending for 130 days (36 days more than average)   (3 comments)
User: divideby7 Nationality: India
Application Type:extensionService Center:Vermont
Processing Type:premiumApplication Filed:14 Sep 2017
USCIS Received Date:10 Oct 2017Receipt Number:
RFE Received?:yesRFE Received Date:23 Oct 2017
Reason for RFE:Right to Control, Client Letter and Special Occupation.RFE Replied Date:08 Jan 2018
Application Status:pendingApproval/Denial Date:
TN Status:Most Recent LUD:10 Jan 2018
Total Processing Time:Days Elapsed:130 days
Case Added to Tracker: 18 Oct 2017 Last Updated: 13 Jan 2018
Notes: RFE Response received Jan 10th 2018
divideby7's Posts
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Posted in H-1B Forum on 21 Jan 2018
Topic: H4 EAD or H1B which is valid

thx
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Posted in H-1B Forum on 20 Jan 2018
Topic: H4 EAD or H1B which is valid

Hello friends. last year my wife's company applied for her h1b extension. original h1b i-94 was due to expiry Sep 30th 2017. as a back up option we applied for h4 ead which got approved on end of dec 2017. Now her h1b extension has been approved as well. we spoke to the attorney and he mention last action rule applied and hence she is on h1b. I see the i-94 issued for both h4 and extension h1 has the same old i-94 number with different validity. h1 extension shows Oct 1st to Sep 30 2020. whereas h4 cos ead shows dec 28th 2017 to Jan 19th 2019. I want to check which is currently valid h4 ead or h1 cos.

Thanks for all the input.
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Posted in H-1B Forum on 16 Jan 2018
Topic: H4 EAD Renewal before 180 days

Is your renewal approved or still pending. How about the H1 n H4 extension?
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Posted in H-1B Forum on 16 Jan 2018
Topic: H4 EAD Renewal before 180 days

Guys,

I have a scenario which I want to evaluate before committing. I have a new job offer where an H1B transfer will be initiated. My current H1b is set to expire on Jan 2019. Spouse's H4 EAD is set to expire then as well. I am aware that part of the H1B transfer I can initiate H4 extension as well beyond Jan 2019. My question is can I file concurrent I-765 for extension/renewal as well or need to wait for 180 days before expiring to initiate a H4 EAD renewal using the transfer petition copy. if someone encountered similar situation can you share you're experiences. Thanks for your help
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Posted in I-765 (EAD) Forum on 16 Jan 2018
Topic: H4 EAD Renewal Before 180 days

Guys,

I have a scenario which I want to evaluate before committing. I have a new job offer where an H1B transfer will be initiated. My current H1b is set to expire on Jan 2019. Spouse's H4 EAD is set to expire then as well. I am aware that part of the H1B transfer I can initiate H4 extension as well beyond Jan 2019. My question is can I file concurrent I-765 for extension/renewal as well or need to wait for 180 days before expiring to initiate a H4 EAD renewal using the transfer petition copy. if someone encountered similar situation can you share you're experiences. Thanks for your help
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Posted in H-1B Forum on 12 Jan 2018
Topic: USCIS:Correspondence Was Received And USCIS Is Reviewing It

@H1BMax - Any update on your case.
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Posted in I-485 Forum on 12 Jan 2018
Topic: February 2018 VB Prediction

My two cents 2008 and till mid 2009 was recession at peak. Starting 2009 companies starting filing back GC Perm. Those filers would have ported in 2012 and 2014 already. The porting for 2009 should be light and within acceptable limits. Problem will be EB2 filings, we will see a lot of ppl who filed each month and that might slow things down. If we can get to Mar 2009 by end of year, we should be on track. Anything less than that is a disaster.
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Posted in H-1B Forum on 08 Jan 2018
Topic: USCIS:Correspondence Was Received And USCIS Is Reviewing It

I have a similar correspondence saying USCIS received response and reviewing it. I have one single status update and not two different like yours. Also my status was updated the next day it received the documents. I see yours was received 26th Dec and then updated on 8th Jan. Sit tight you should get decison by tomorrow or max wednesday if we count from 26th Dec
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Posted in I-140 Forum on 02 Jan 2018
Topic: H1b AC21 Cancellation: Trump's Nuclear option

In AC-21 there was a provision of unused EB visa bank to be used in future if needed. If this hasn't been used yet, why is IV or others not insisting to use this. There was always a provision for this .
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Posted in I-485 Forum on 30 Dec 2017
Topic: IV was right.

After reading section 104 (a) and 106 (C) of the AC-21 act, an exec order cant change it. The may clause is only for 3 yr extension. It says uscis has to issue min 1 yr extensions but can or may extend upto 3 yrs max as well for the petition. They will need a new rule to change the extension prohibition. yes they looking at it but exec order cant help here. Since it is a law and not rule. Plus any changes have to factor the grandfather rule otherwise potential of law suits for the govt. Part of DACA compromise, they will try to introduce some restrictions of interpretation of specialty jobs for H1B. Not immediate impact otherwise.

This is my take on this not a legal advise.
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Posted in I-485 Forum on 30 Dec 2017
Topic: New proposal to prohibit h1b extensions!

After reading section 104 (a) and 106 (C) of the AC-21 act, an exec order cant change it. The may clause is only for 3 yr extension. It says uscis has to issue min 1 yr extensions but can or may extend upto 3 yrs max as well for the petition. They will need a new rule to change the extension prohibition. yes they looking at it but exec order cant help here. Since it is a law and not rule. Plus any changes have to factor the grandfather rule otherwise potential of law suits for the govt. Part of DACA compromise, they will try to introduce some restrictions of interpretation of specialty jobs for H1B. Not immediate impact otherwise.

This is my take on this not a legal advise.
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Posted in H-1B Forum on 21 Dec 2017
Topic: COS H4 to H1 - RFE situation

This RFE has nothing to do with COS h4 to H1..ur title is misleading. This is something your employer has to manage. Nothing with you or your status.

That's my understanding, not a legal advise.
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Posted in H-1B Forum on 21 Dec 2017
Topic: COS H4 to H1 - RFE situation

What is the RFE about?
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Posted in H-1B Forum on 21 Dec 2017
Topic: Speciality Occupation & Beneficiary Qualification RFE

Congrats. What the job code you applied and qualification. Please share that helps in understanding the trend.
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Posted in I-765 (EAD) Forum on 15 Dec 2017
Topic: H4 EAD Lawsuit

My guess is they plan to put more restrictions on folks working and have some relief for folks who have startups or own business on H4 EAD. My assumption is based on the small business impact clause = Yes option definition. Lets wait and see once the proposed rule comes out. But this will take time not a simple 60 days comment and adoption. We are easily looking close to 2018 mid term elections if they want to cheer the base or maybe 2019.
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Posted in I-485 Forum on 13 Dec 2017
Topic: September 2014 Eb2I new filers... let us track

When was your original EAD approved. Was it for two years. Your details shows 1st EAD approved Nov 22 2014. EAD's have been always used on 1 or 2 yr intervals and its based on how far out is your PD date.
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Posted in I-485 Forum on 13 Dec 2017
Topic: September 2014 Eb2I new filers... let us track

If the PD date is within 1 yr of current visa bulletin date, you get one yr EAD otherwise 2. Since your PD if Feb 2009 USCIS is expecting you will be current in 1 yr. hence EAD for one yr. Ppl with PD like end of 2009 or early 2010 will get 2 yrs.
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Posted in H-1B Forum on 12 Dec 2017
Topic: Speciality Occupation & Beneficiary Qualification RFE

Congrats. What docs did you submit. Did they ask Client Letter.
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Posted in H-1B Forum on 12 Dec 2017
Topic: H1B denial tracker for indians returning back to India

was the amendment for location change or actual job title and duties change. No able to understand why specialist occupation was triggered for denial when RFE was for E_E.
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Posted in H-1B Forum on 11 Dec 2017
Topic: H1B denial tracker for indians returning back to India

Assuming he works as CSA, that how the inference that CSA being denied. I think it depends on the employer and client if they can defend such RFE with the correct documents.
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