Friday, June 10, 2011

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  • sduddukuri
    02-23 08:27 PM
    I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.





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  • sunny1000
    02-01 09:11 PM
    Hi Everyone,

    My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.

    Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.

    Thanks if you can help me out

    Regards
    Karthik

    Technically, there should not be an issue. But as the other poster suggested, it may be better to extend it since you are still outside the 120 day window for application.





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  • immigration07
    10-06 04:11 PM
    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)

    I went thru all the arguments and counter arguments that this guy made. Some made sense others did not but the post attached below shows he is a piece of thrash full of vanity and arrogance. Just for yur info Mr. gctest getting into a second tier university in India and framing yur SOP with some thrash and sentiments will easily fetch yu a place in yur so called tier one UNiversities in US. I am sure you opted to do that as you were not able to get into any of the tier one B-schools or other similar place of higher learning in India because you did not have the grey matter in your head. Moreover students from those places come to US directly recruited by the companies in US (that too after paying a hefty placement fees per recruit and on a dual intent H1B visa) but unfortunately they too are in EB2 category............I am really happy that you got your GC and can merrily gloat about your academic proficiency and IQ level of "180" (but commonsense...) with much more freedom.

    "gctest
    Member Join Date: May 2008
    Posts: 49




    --------------------------------------------------------------------------------

    Were you born in a dumpster? You are assuming so many things here.

    Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
    Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that


    i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud



    -------------------------------------------------------------------------------
    Last edited by gctest : 10-03-2008 at 09:12 PM. "





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  • ksurjan
    07-23 03:23 PM
    yellow :D
    Next will be : What was the color of your envelope ? ..LOL C'mon people . :D :D



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  • eb3retro
    09-12 03:40 PM
    Not in the system yet, and no checks cashed.

    Submitted: June 30, 2007
    Reached USCIS: July 2nd, 2007
    Signed for by: J.Barrett @ 10:25 AM

    I have no clue as to what is going on here ...worrying indeed.

    welcome to IV. Please join IV in the DC rally.





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  • Pineapple
    08-05 12:37 AM
    An I-140 has nothing to do with I-485, except to the extent that an I-140 has to be approved before an I-485 can be approved. So I-140 approval is must before an I-485 can be approved. Further, an I-140 is not related to the priority date - An I-140 can be filed any time once one has an approved labor (Assuming, of course, one is applying in EB2/EB3). But I-485 can only be picked up for processing (or even filed) if the priority date is current.

    If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
    (USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)

    Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.

    PS: I'm not a lawyer, so don't shoot me, please..



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  • gcwait2007
    12-08 07:18 PM
    USCIS Ombudsman resolves general issues like delay in NSC for I-140 approvals.

    I found the following in DHS website:

    CIS Ombudsman - Send Your Recommendations

    Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

    Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

    The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

    Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

    Mailing Address:

    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.

    Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm


    There is also a tele-conference happening on 14-Dec-2007 from 1.30 pm to 2.30 pm EST. For attending the call, you need to send email for getting you invited.


    I request Leaders of Immigration Voice to decide whether they can take-up with USCIS Ombudsman.

    Thanks





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  • leo2606
    10-14 07:43 PM
    Check the following thread.

    http://immigrationvoice.org/forum/showthread.php?t=13358
    Hi:
    I filed on July 23, I-140 and 485 concurrent.
    I got EAD on 5th Oct.
    I had fingerpring done on OCT12.
    Whne Fingerprinting was done, with 2 of my fingers, it gave message
    Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
    Does it mean it matches with some kind of FBI database and Do I need to worry about it?

    Please help gurus. I have lost my sleep.

    Thanks



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  • simon03
    08-16 01:26 PM
    I am not an expert but this is my understanding:

    there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
    1. you have a current job that is similar in duties
    2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
    3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer

    You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c





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  • gc_on_demand
    06-11 09:17 AM
    Folks

    July bulletin is OUT and NO more significant movement. Donot hope for future bulletin . Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).

    It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .

    I request all of you to call , if you have called then ask your friends and family members to call.

    Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.

    CALL NOW .... and Spread this message to everyone.



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  • telekinesis
    10-22 09:45 PM
    Oh how I miss my Playstation :*(





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  • go_getter007
    12-20 12:23 PM
    Given her passport is stamped, she can re-enter the US with her H4. No need for AP. It doesn't matter if her visa expires in early Jan.

    GG_007


    Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.

    Thanks in advance



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  • corleone
    11-06 10:17 AM
    can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..

    thanks,
    srikanth

    http://www..com/discuss/485eb/50526069/





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  • mnkaushik
    05-14 11:11 AM
    FYI - last year I was current on August 1st and got my green card email on August 30th. There were plenty of people who did not get it that month and got it following month.

    If I were you, I would what ever you think helps your case but looking at how things happend last year, I really dont think anything helped. But I did talk to my congressman and also created SR. I think, if you search for threads titled August 2010 approvals etc you will find everyone went through what you are all going through now.



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  • rbharol
    08-22 12:30 PM
    SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.
    You mean 3 year experience in US no matter from where you got your masters degree or
    Only US degree + 3 years experience will get exemption?





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  • sledge_hammer
    06-29 12:43 PM
    ^^^^



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  • chanduv23
    06-18 02:24 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion for an appeal, could you please post your feedbacks/experiences?


    Appeal or motion is specific to USCIS - not sure how this is done with DOL. Try asking in lawyer section





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  • jonty_11
    01-02 01:49 PM
    Thanks for the info but my question is about multiple I-485 filing...

    Is is legally possible to do that ? If one could do that, will it create I-485 processing complicated ?

    Thanks
    GC application is for future employmnet - so u can theoritically not join ur employer until ur GC is completely through. But how many employers will be willing to take that risk , esp. mom-pop shop Consultancy firms.





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  • zico123
    05-30 06:30 PM
    I am quite glad that I went to NY consulate to get my passport renewed. I handed it in 11AM on Tuesday and I picked up old and new passports on Wednesday at 4PM.





    Life2Live
    11-06 07:31 AM
    My 485 petitions returned now we are in process of resubmitting. However, I see my I-140 was applied in Nebraska on Feb 07 and later my 485 petition on Aug 07 was sent to Texas from my employer. I do understand there are intertransfer between Nebraska to Texas.

    My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.





    gomirage
    05-29 01:56 PM
    Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.

    lol, please read what is written before jumping on your keyboard. I never said all jobs qualify for that. I specifically said he needs to check the requirements as not all jobs qualify.



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