Saturday, June 18, 2011

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  • ivgclive
    12-19 08:34 AM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him, ....

    AJ

    I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".

    Guys, we are entering 2010...




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  • a_yaja
    04-23 04:39 PM
    Thanks a lot guys for your inputs. I hope everything goes fine.......

    heard these days it is taking more then 6 months for I140 approval...........

    mine was filed in marcha, 07 in the Texas processing center...........
    Depends. My I-140 was filed on Nov. 7, 2006 with Texas Service Center. As a Christmas gift, on Dec. 14th, 2006 I received an RFE (because my lawyer screwed up with my letters of experience. He did not send them!). My lawyer did not even send me the RFE notice (he said "it contains confident employer information") - which was surprising - as he used to be very prompt with eveything else. To make a long story short - after 2 months, my employer complained to the law firm and the lawyer was fired. The new lawyer handling my case sent me the RFE notice and then I knew why I was not given the RFE letter. It asked for my experience letters! The new lawyer responded to the RFE notice on March 1st (just in time too - respponse was to received by March 10th or something like that). My I-140 was approved on April 17th (Easter gift?).

    If you remove the 2 months wasted by the attorney, I would say that the I-140 was approved in 2 1/2 months.




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  • Munna Bhai
    12-17 10:03 AM
    The letter does not say anything. It just says that your I-485 is denied.
    It does not give nay reason. It does not even say to appeal..

    Thanks

    uscis should tell you why?? contact uscis or your attorney. What is your gut feeling? Why it might got denied. What is your PD etc.




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  • Saralayar
    07-20 01:49 PM
    Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..
    The priority date should be on or before June 30, 2007 for you to file the I 140 and I 485 concurrently for the July visa bulletin. Otherwise you can file just I 140 any time after your labor gets cleared.



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  • TheCanadian
    01-02 09:12 PM
    F'ing a! I might not even have to lift a finger :run:




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  • DarkChild
    03-08 02:21 AM
    Dark Child has no votes, someones gotta vote for him, hes got a really good layout.

    thx man :thumb:
    but it doesn't matter that much, dave's is better, i can handle that ;)



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  • umangini
    04-15 09:01 AM
    Thank you for very good advice.




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  • jthomas
    10-17 08:40 PM
    I filled on July 11th no receipt, no check cashed. My lawyer told me, that my lawyer has 50 more candidates waiting to get receipts in month of July.
    I think there are many waiting for receipt. Take it easy.



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  • senthil1
    07-05 01:13 AM
    Actually it would have been greater mess if they would have allowed to file 500 to 700k persons if that number is correct. Mainly those who are missing the bus due to marriage and other reasons would have suffered a lot. PD date movement
    should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.




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  • txh1b
    09-10 02:15 PM
    Online case status is not always right. There is no risk if you apply for another AP other than losing the money. You have to wait for the AP to be approved though before you travel.



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  • chris
    11-19 02:27 PM
    I (we) know that they dont have proper system to pull the files based on PD/Country/Category etc.

    Looks like they openly agreed that, Cant believe it. :eek:

    http://www..com/discussion-forums/i485-1/244625389/last-page/

    Please anyone find the official published link or verify the source this news.




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  • sanjay02
    10-17 02:19 PM
    I had a interview in Feb 2009 , keep all the documents ready. Your wife and youself can go at the same time.

    1) Marriage certificate( If ur married :-))
    2) All your transcripts for your schools
    3) Passports
    4) H1-B, EAD, AP copies, I-485 receipt # copies.
    5) Any other communications you had with USCIS copies of it.
    6) W-2 for last 3 yrs( if you have them), pay slips.
    7) Employment letter from your employer
    8) AC-21 etc.
    9) Copies of your utilities bill, mortgage/lease papers.
    10) Birth certificate of all applicants.
    11) Family photos etc ( optional).

    Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.

    Thnks



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  • hmehta
    07-14 02:12 PM
    Yes, that is partially true. But then again they have to prepare identical set of documents, paperwork for both of us - so they are charging for the amount they invest in that.

    What is the lawyer charging you for your wife's application for?? If I am not mistaken all they have to do is add your wife's information alongwith your filing stating you are married and show a copy of marriage certificate as proof. Am I right here people?




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  • burnt
    04-08 12:10 PM
    Friends - Thanks for your help on this one. After getting suggestions from you guys, I did call my lawyer too. He asked me to go back to the airport and Submit my I-94 and related docs to the CBP department there.

    After that I called the CBP Customer care for NJ at (703) 526-4200 and the rep asked me to go to CBP website and asked me to mail the I-94 to the address written there. Here is the link for your reference. Alo in this website, it says clearly, DO NOT submit to any other CBP office other than the address mentioned.

    http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1

    I don't understand why the lawyer suggested me to physically go to the Airport to submit my I-94.



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  • doubleyou
    05-20 08:11 AM
    How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.

    FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.

    IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).




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  • knowDOL
    08-23 09:44 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
    The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)



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  • InTheMoment
    02-05 06:53 PM
    Good, the doc is moving along well to the observership which is a way to build brownie points in one's resume when applying for the residency match. It is a different issue, nevertheless, that several good hospitals do not bother to consider observership as a significant credential when assessing candidates for residency.

    As such it is a non-clinical and non-payroll position and he/she might as well can do it on B2 (visitor). So there are no visa issues as such.

    Well, my wife is doing her residency in a hospital affiliated to one of the top 2 univ programs in the US and hence the knowledge of these facts. I really emphatize with the double whammy type challenges docs have to face i.e professionally as well as with immigration/J-1/H-1 issues.




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  • whattodo21
    05-03 10:24 AM
    Right.

    But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.

    Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

    Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward

    catch 22 both ways! One way or the other we are joined at the hip to the Hispanic community.




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  • pyrosleepy
    11-09 10:12 AM
    My 6 year on H1-B status had expired on Nov 8. I-129 for extension based on approved I-140 was filed and delivered to USCIS on Nov 1 as per Fedex. However, USCIS has not cashed my employers check or my money order for the H-4 extension. I called them and they don't have any information. They told me to wait for another week. I am very worried that what will happen if the Fedex package has somewhat got lost. What will happen to my and spouse's status and my 3 year extension. My own lawyer seems to be a little perplexed on this matter, not sure of himself.

    Anyone, please give me some guidance on this.
    Thanks very much in advance.




    bsbawa10
    09-04 07:12 AM
    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

    USCIS is really hopeless. Why even ask anybody with AOS pending. Do they not have the data of the people who have applied for AOS ? It is almost like the joke. It is like: "we have lost the AOS cases, please file again"




    DDLMODES
    07-18 09:26 PM
    If you did PERM (only then can you file concurrently)

    Who said that concurent filing is available for PERM only ???

    That is not true right ????

    Somebody please clarify !



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