Friday, June 10, 2011

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  • immi_seeker
    09-27 02:46 PM
    I received my FP notice. My Lawyer also received my FP notice which he mailed it to me. Now I have two copies. Which copy should I carry for my FP appointment? Does it matter?

    TIA

    Doesnt matter which copy you bring. Attend the FP that is important. They will stamp your notice and sign it. Keep that copy for your records




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  • kaisersose
    12-18 04:29 PM
    I do not have links, but I have heard of 140 approvals being called into question during 485 adjudication. Some have resulted in 140 denials at that point.

    So a 140 approval is not carved in stone...it is reversible.




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  • aroranuj
    08-21 11:41 AM
    This is extremely helpful. I did not even get so much information from the Call Center.

    Thank you everyone for your ideas. I think I am finally ready for file for my EAD :)

    If you have the ead card, the file #/card# will tell you which center was your EAD fiiled. To get an approximate date using the online case status search for the file number in the approximate range as yours. For Eg. if you card # is EAC 07 043 52343 - then the center is Vermont, Filed in Fisical year 07 ( Oct -06 - Sep 07) 043 is the 43rd working day in FY07 and 52343 is the case number.

    Hope this helps.




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  • jonty_11
    02-19 12:32 PM
    As per immigration-law.com..Senate may work on CIR in March 07 and hand it over to House by APril 07....House may however sit on it for years on end...

    02/18/2007: Need for Immigration Reform and Concerns with Growing Gridlock in Legislations in the Congress

    The Democrats launched a new Congress with aggressive platforms and legislative agenda on January 4, 2007. Madame Pelosi of the House set the first 100-hour legislative agenda and the Senate Majority Leader, Harry Reid presented on the Senate floor ten legislative bills as top priority for the first few months of the Senate.
    However, immersed in the party politics, the Congress left the Hill yesterday, Saturday, for a week long break without achieving a lot because of the gridlock it had faced in the Congress. Samo, Samo Washington politics involving the Republicans and Democrats. It practically means that the Congress wll not resume the active legislative activities until March 2007.
    S. 9, the Comprehensive Immigration Reform bill, adopted by the Senate floor, is in the Judiciary Committee of the Senate. The newly elected Chairman of the Judiciary Committee, Sen. Leahy, reportedly set the CIR as one of the top agenda of the Judiciary Committee for March 2007 and the Democratic leaders reportedly determined to pass the CIR by April 2007 and quickly send it over to the House for its prompt action. How beautiful the agenda of the new Congress.
    We want to watch carefully how closely the leaders of the House and Senate will follow through the agenda. In a way, from the perspectives of this immigration legislation agenda, we are relieved that the Congress was over with the most serious road block to the Congress, to wit, rebuke of Bush's resurge in Iraq.



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  • wandmaker
    11-12 04:24 PM
    I choosed the option "receipts not received", reached level 1 support, got transferred to level 2 - CSR checked the status of SR and told me that it takes 45 days to resolve these kind of issue and me/my (both) attorney on record will get the duplicate notice; and asked me to check after a week.

    wandmaker,
    Please share if you have any progress on your SR or receiving the receipts. I am trying to call USCIS to check the status on the SR, but could not reach them. Now they have a dummy menu system, which keeps on looping when you select the option for receipts not received.




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  • whattodo
    07-09 10:53 AM
    What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?

    Thanks

    There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.

    This happened in early 2007.

    ______________________
    Not a legal advice



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  • thomachan72
    11-04 04:02 PM
    In this scenario, you can apply for H1 extension with Company B using approved I140 of company A.

    So hypothetically:
    person has approved 140 from comp-A but moves to comp-B
    A revokes the H-visa and 140.
    The person can still extend for 3 years, through B using the approved 140 (from A).
    This can continue till the day the persons PD becomes current?

    It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?

    However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??




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  • jnayar2006
    05-29 12:43 PM
    I have the same question and I am sure there are several others who have the same questions. If I understand this correctly,

    1. The application can be filed 120 days before the expiry date. (based on webm's reply).
    2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
    3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
    4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?

    Thanks for any help.



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  • fromnaija
    09-15 12:46 PM
    I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.

    From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.

    If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.




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  • sathweb
    02-13 09:10 AM
    Our priority date is not yet current but that seem like a good idea. How do I go about finding who to contact.

    The tool you are looking for is Google. Just search for your local Senator and give him a call, they will tell you what they need. As you said, Senator is very effective if your date is current.



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  • nozerd
    01-15 01:34 PM
    Actually being a Defence employee is a positive. You can show proof of stronger connection to home country because of following.

    1) Pension that is available every month for life.

    2) Free treatment at Army Hospitals.

    3) Subsidised cost at Military Canteen facilities for provisions etc.




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  • PDOCT05
    10-30 10:59 AM
    what does ur online status show btw? also ur dep's earlier checks havent cashed right ? dumb Q :-( one of my friend got in to similar situation he sent it back and checks cashed not sure how much did he sent though.

    The status shows application received and rejected. As per the notice the reason is missing signature.The check's haven't cashed..,can you please check with your friend how long it took for him to get the check's cashed after re-sending the application?



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  • raysaikat
    07-13 02:36 AM
    Hi Raysakat

    Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)


    You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).


    while she is on F1 or wold it lead to conflict in visa status?

    As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.

    SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
    Thanks

    Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.

    As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.




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  • Winner
    06-17 05:18 PM
    I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.

    I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?

    Welcome to IV.



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  • invincibleasian
    02-05 02:39 PM
    This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.

    Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
    this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.




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  • nozerd
    01-15 01:34 PM
    Actually being a Defence employee is a positive. You can show proof of stronger connection to home country because of following.

    1) Pension that is available every month for life.

    2) Free treatment at Army Hospitals.

    3) Subsidised cost at Military Canteen facilities for provisions etc.



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  • riva2005
    05-21 01:40 PM
    Immigration in United States is a soveriegn issue of this country and foriegn governments cannot do anything about it. In fact, it would be offensive for Indian Govt to advice US congress to do something regarding immigration.

    Kamalnath, India's commerce minister tried to meddle in British Parliament when they changed visa rules for Indian Doctors. The British Parliament warned him and asked him to BACK OFF.

    Immigration is not a trade issue. There is not deal between 2 nations on immigration. We are not talking about crude oil or soybeans trading.

    Please end this discussion here. It looks really naive of us to even think like this.




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  • itsmesabby
    06-28 09:39 PM
    Thank you so much Elaine for your quick response..

    So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..




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  • desi3933
    06-22 08:23 AM
    I-485 can be rejected if filed with incomplete initial evidence.

    Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word “Sorry”.

    It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

    Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

    Agree.
    Initial Evidence for I-485 includes
    1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
    2. Employment Letter (for GC job)
    3. Proof that person is maintaining valid status in USA since last entry in USA

    Not a legal advice
    ----------------------------------
    Permanent Resident since May 2002




    prince_waiting
    04-11 02:39 PM
    Following conditions doesnt warrant a transit visa for Indian citizens:

    *you don,t need a transit visa if you have one of the following * *US* * residence permits:*

    * I-551 Permanent Resident Card (2 or 10 years validity)/ I-551
    Alien Registration Receipt Card (2 or 10 years or unlimited validity)
    * I-327 Reentry Document (2 years validity, issued to I-551 holders)
    * Resident Alien Card (2 or 10 years validity, only sufficient if
    the stay abroad does not exceed 1 year)
    * Permit to Reenter (2 years validity, only sufficient if the stay
    abroad does not exceed 2 years)
    * Valid Temporary Residence Stamp (1 year validity)
    * A valid visa or resident permit for the U.S
    * Advance parole
    * Approval notice




    techbuyer77
    06-12 05:11 PM
    I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them



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