Monday, June 13, 2011

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  • pappu
    09-18 09:21 AM
    Immigration Voice would like to request members of its community stuck in the green card process that are scientists, researchers, professors and working in the area of national importance. Basically anything that will benefit this country in any way (economically, health related, sciences etc)

    We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.

    If you know of any such people please pass on this message.

    Please respond with a brief detail about yourself and your contact information to jap219001 at yahoo.com and himanshu at immigrationvoice.org




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  • SunnySurya
    07-13 11:56 AM
    Folks,
    Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I am looking for is your take.

    Background:
    During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for no explicit reasons and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
    In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.

    Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
    a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
    b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)

    I am afraid to choose option 2 as they might send my application for some sort of reconciliation.

    Thanks
    Sunny




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  • FredG
    November 18th, 2004, 05:40 AM
    oops, in my suggestion above to shoot both lenses at f/5.6, they must also be at the same iso and shutter speed. Suggest shooting one, noting settings, then shooting the other in manual to match iso, ss and aperture.




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  • msandhu
    08-07 04:33 PM
    You can do landing and H1-Stamping at the same time in canada. You do not need stamped visa to come back to US from Canada as long as you have your H1 extension papers with you and you come back in 30 days



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  • go_guy123
    07-30 02:10 PM
    This memo is under litigation....lets see the outcome and where the memo stands.




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  • vin13
    12-11 04:36 PM
    Since the AP application is over 90 days pending, you may be eligible to discusss with the customer service. If you do not get good answer, you may be able to schedule an infopass.

    We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.

    But not sure if they would give out information to the applicant's spouse



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  • bidhanc
    10-17 01:35 PM
    Hi,
    Not sure abt Charlotte office, but out here in Albany, NY the DHS (Dept of Homeland Security) office entertains walk-ins on Wednesdays.
    Yes, they pre-poned my Wife's FP and I walked in 5 days after my actual FP date (I was out of Town).




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  • sgX05
    02-11 05:05 PM
    No i haven't moved at all. Been living in Ca the whole time.



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  • vikki76
    02-13 12:45 AM
    MS+0 works fine for EB2. Couple of my friends have got GC through this qualification only.They were B.Tech Computer Science + Master Computer Science (US)




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  • Nabeel
    10-26 04:34 PM
    I think one should have a valid reason to Travel abroad on AP but IO can ask this question at your port of entry. So my understanding is one can apply for AP but should have valid reason to use it (travel) and should be able to satisfy IO at port of entry if they bring this question at your entry. I do not remember if we have any place on AP form to explain the reason to apply for AP.



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  • ghost
    07-19 02:19 PM
    Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form the bulletin is showing April2002. He says we are not eligible for that...

    So now you are getting a feel of the whole mess we all are into. Welcome to the club!

    Anyways, from all your posts I gather that your wife's GC application is in EB3 category with a Priority Date (PD) of April 2002.

    You've never mentioned your country of citizenship but as of July 2006, the PD is not current for any one. Check out the bulletin at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html

    Click on July 2006 and scroll all the way to the section of "Employment Based" Table. The first column (employment based) of this table lists categories. Yours, EB3, is 3rd. Now, depending on your country of citizenship you can check the available PD. Department of State updates this web page every month but because of current retrogression problem there is not a lot of movement for EB3 PD's.

    You have other options like changing your employer and porting your PD to the new employer. Search in the forums for "Porting Priority Date" for more information. You should talk to your lawyer about this possibility.

    Good Luck!




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  • Ann Ruben
    07-22 09:55 PM
    I have also had success using just the online printout, but to be safe, you should make a Freedom of Information Act request for a copy of the I-140 approval notice. This is relatively easy to do-just follow the instructions on the USCiS website USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD ).

    I do not think that the denial of a petition for extension of H-1B status, in and of itself, would effect your pending I-485.



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  • ksach
    03-07 04:43 PM
    In my experience, it is not required if your are still within the expiry date on the previous stamping and the previous stamping was for a H1-B. You just need to show the latest 797 ( h1-b approval) . I have used this feature many times, and have even changed two employers in between. Never had a problem, except once while coming back from Canada. The immigration officer was new and hence went and asked her superior who said it is no problem. I was let thru with not problems after that. I never had a problem in SFO, thru which i travel frequently.

    I think i saw a FAQ for this on murthy.com . check that site as well.

    In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.




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  • indyyy
    07-18 10:10 AM
    This is the website to check labor status at the BEC.

    http://pds.pbls.doleta.gov/

    My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.



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  • rajuseattle
    08-14 12:41 PM
    smartboy75,

    We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.

    My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.

    Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.

    This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.

    I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.

    rajuseattle.




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  • pappu
    09-19 06:24 PM
    sent you a PM
    thanks I responded on your email id.



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  • skynet2500
    11-24 12:19 PM
    Gurus, can you please let me know your opinion on my below situation? thanks a lot.




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  • desi3933
    06-13 08:22 AM
    PD is always LC filing date.
    Incorrect. It is not always.
    In most cases, LC filing date is the Priority Date.
    A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.

    He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
    Incorrect.
    There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.

    There might be a little risk if the old one he got was a substituted one.

    .




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  • kshitijnt
    04-25 09:33 PM
    New OPT rule says that you should not be unemployed for more than 90 days on OPT. Since you are on OPT, you are not out of status. You need to find a new job ASAP.

    If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
    You will need approved petition or receipt number to transfer H1.

    As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.




    Templarian
    07-20 10:04 PM
    saxx it has no chance to beat flash. Its good in that it uses a very solid language backing. Its just not even remotely comparable to flash atm (its like flash 8 tbh if they were to be compared).

    I have a good feeling once its further in development and MS has integrated all of DX10/DX11 support we will be seeing a lot more of it (probably because of a windows update).

    Till then its just something to mess around with. Think of it more as a JAVA in your browser... everyone eventually will have it... but very few will use it.




    va_dude
    05-04 11:08 AM
    wow.... interesting post.
    thanks.

    i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.

    Got to send this to my attorney and get her input.



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