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  • vamsi_poondla
    02-04 05:05 PM
    I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport

    If a DUI can cause automatic rejection of I-485, will this be OK at the Port Of Entry? The answer is obvious. Should do as advised by the attorney not as experienced by others on a forum.





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  • wa_Saiprasad
    02-13 03:40 PM
    It's a very cute letter. I am positive this will motivate many more.





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  • glores1970
    07-26 03:56 PM
    Good that we see more proof of Apps received on Jun 29 getting receipted.
    I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.


    I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....





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  • bfadlia
    03-15 01:31 PM
    ^^^^



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  • GCScrewed
    11-13 03:07 PM
    How come they have not posted the demand data for the Dec. bulliten? We need to make sure they post the information to prevent them from moving the date in consistent with their policy. Someone raised the question related to EB3 Mexco... one year vs. the rest 1 or 2 weeks. Mexico should have the slowest movement as its demand is very high based on the Nov. demand data. In addition, Mexico must have a lot of cases in the field office as they can't even predict its movement as indicated in the Dec. bulliten.

    Bottom line... we need to closely monitor all the numbers... ideally reconcile them. Otherwise, their imcompetency and unethical behavior will mess up the bulliten again. :rolleyes:





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  • pappu
    04-27 01:13 PM
    $1.5 Billion in income taxes, is the amount the 64,000 new H1bs pay every year and I assume a similar or larger sales tax.

    I'm not even thinking of the remaining 500,000+ people in the immigration queue

    Unless there is a formal document like Unauthorized Immigrants Pay Taxes, Too | Immigration Policy Center (http://www.immigrationpolicy.org/just-facts/unauthorized-immigrants-pay-taxes-too)

    http://www.immigrationpolicy.org/sites/default/files/docs/Tax_Contributions_by_Unauthorized_Immigrants_04181 1.pdf

    a post has no significance. If you wish to work on such a study, it would be make the arguments stronger. It is something some volunteers can take up as an action item.



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  • vxb2004
    04-28 08:29 PM
    If you dont mind, can you keep us updated.
    I will really appreciate that.

    Sure I will. Hope this soft LUD is not a big deal.





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  • bigboy007
    11-04 02:53 PM
    will they then transfer back to VSC ? i might even move out from this area after a year or less ?



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  • nogc_noproblem
    04-15 12:51 PM
    9 Years, with one employer!!! immmm..

    If the employer is good it is ok, what if not?

    I don�t know how many of our most productive life time is going to be stagnated because of this GC wait.

    Lunch Time (EST), on the lighter note�.

    Tourists in the Museum of Natural History ...
    ...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
    The guard replies, 'They are 3 million, four years, and six months old.'
    'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
    The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'





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  • willwin
    03-16 02:06 PM
    Bump... please, if anyone got PW for greencard labor through the new process... how long it took??

    Anyone?

    Mine was filed 1st week of Jan and still waiting .....



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  • ivgclive
    03-11 01:05 PM
    Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)

    her pregnancy is sometime around 6 months now and they will need insurance..

    Thx for your help :)

    Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)

    Find out the reason why that "Employment Insurance" rejected the coverage.

    My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.

    Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.





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  • wandmaker
    10-04 11:35 PM
    GOOD. IV will be free from some head ache.:)

    Not exactly, http://immigrationvoice.org/forum/showthread.php?t=21871



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  • gotgc?
    09-14 10:20 AM
    Thanks for all your replies!

    My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.

    I was holding H4 visa before I started using the EAD.

    Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.

    I definitely want to speak with an attorney so Gus I will PM you.

    You are fine man..I was in the same situation as yours...I had filed for LC Sub I140 in June 2006 and it was pending. I filed I-485 in July 2007 based on this I-140. Then I filed another I-140 in Jan 2008 based on my original labor and it was approved in Feb 2008. All this time, my first I140 was pending and it was denied in Sep 2008. I thought I am ggoing to lose my I-485 because it was filed based on that.

    My lawyers confirmed me from AILA Inquiry that my I-485 will still be active based on the I-140 approved in Feb 2008. You dont need any re-linking. All USCIS needs ti keep I-485 active is one approved I-140. I confirmed this with 2 Info pass appts. My I-485 is pre-adjudicated status and it has been 2 years...got multiple EADs, AP, travelled and came in..no issues...so dont worry. Your I-485 will be actibe based on your approved I-140. You dont need any re-links.





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  • ImmiLosers
    09-30 03:41 PM
    If your last FP was more than 15 months ago, then write to local congressman, that usually works.

    Congressman for FP, you may want to contact USCIS first. They may not expedite your I-485 but they are good in sending these things...



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  • iv_newbie_2007
    09-16 09:38 AM
    OLDMONK,

    My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?

    Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.

    My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?

    GULUT,

    FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...

    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.





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  • syedjaamy
    04-22 04:11 PM
    I am looking to be active in the Texas chapter....


    Add one from Austin.



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  • nomad
    06-06 03:32 AM
    FYI
    My 9th year H1-b extension was applied on March 13, and I got the email today from USCIS that the approval notice has been sent. This is a CA ( WAC) case.





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  • dessoya
    10-20 04:09 AM
    congrats, phat7! =)

    ~:azn:





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  • vin13
    10-26 03:35 PM
    Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.

    One thing is for sure, I will never again travel by Air france, BA and Lufthansa.

    I do not see why anyone should not travel on Air France or Lufthansa. You are not changing airports at Paris or Frankfort. So there is no requirement for a visa. It seems to be a simple one.





    Junky
    09-22 03:11 PM
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    eb3_nepa
    02-12 06:23 PM
    Bang on.
    People discuss Visa Bulletins to no end, but why don't they pick up a pen and paper to DO SOMETHING that will render Visa Bulletins virtually meaningless ("ability to file I-485 without PD being current")?

    Here is an additional few things that the IV Core could do to ease the PAIN of the several individuals (not the GC pain, the mailing out of the letters pain)

    1) Arrange a door to door bus service to pick up the letters from people.
    State chapters: CHOP CHOP what are u waiting for, lets get those buses moving!

    2) While they are at it maybe the IV voluneteers can also vacuum people's apartments, wash up their pets, potty train the kids, do the dishes the whole 9 yards.
    State chapters: WHY are you still glued to ur rears, where is my own personal volunteer??

    3) Since IV has unlimited funding, maybe it can also Overnight FedEx all these letters to the White House.
    State chapters: Sigh! (Forget it!)

    Hey here's a better idea. Why dont WE copy and paste the template from the thread, personalize it, print and sign 2 copies, find 2 envelopes one big and one smaller put a stamp on each one and mail the whole thing out to IV?

    Too much work or too much INERTIA?

    (Bring on the RED Dots)

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  • logiclife
    06-21 06:25 PM
    I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
    her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
    on that assurance she left for India on September 15 and came back on Dec 28th and
    on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.


    Does this mean H1 is Invalidated as per Last Actions Count Rule.

    She has been working on H1 since then (not regularly though)
    and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006

    Has any one gone through the same situation.

    Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.


    One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.

    another one says she should file for H4 and quit working.

    She is totally clueless please help.

    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.





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  • socal117
    10-30 10:00 AM
    same here....July 2nd...nothing.....:mad::mad::mad:





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  • 21stIcon
    04-10 07:19 AM
    I filed my conversion case two months ago, they have not withdrawn my BEC case yet since BEC had not sent 45 days letter so far and BEC could not locate my old case to verify with new case, so my conversion case dormant at PERM as well as old case @ BEC. no use of PERM conversion if you have not received 45 days letter, it may be helpful for who have received 45days letter and waiting for BEC decision.


    Thx,
    PD -->01/07/2004
    RIR/TX
    No 45 days letter yet
    PERM Conversion filled on 02/07/06





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  • rajivkumarverma
    10-16 07:13 PM
    Again always track ur al aplications and DONT depend on lawyer .

    Yes you are right From next time I will do that



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  • dixie
    11-28 11:51 AM
    Its just like how introducing the PERM system sped up labor certification, but increased retrogression several times. Guess we have to learn from that. FBI name checks are already taking 2+ years, you can imagine what will happen if all the retrogressed PDs become current overnight.





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  • optimystic
    09-11 01:29 AM
    ^^ Bump ^^ (just wanted to give some more 'air' time for this thread in hopes of catching attention from IV core )



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  • meridiani.planum
    04-07 05:00 PM
    Can we get an appointment with the President and explain the problems faced by EB immigrants....

    1. Travel restrictions (no travel during H1 extension etc..)
    2. Driver license issues
    3. Wasted Visa numbers
    4. Inefficiency of USCIS
    5. Need to increase EB quota



    just get in line there in the Rose Garden, right behind Al-Maliki as he explains why everything is going kaboooom in Iraq, and in front of Bernanke as he explains why everything is going kaboooom in the economy. When its your turn do tell the president about the inefficiency of the USCIS.





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  • eb2_mumbai
    10-28 03:48 PM
    Lets not be judgemental. The guy has done thing that is legal. Morally right or wrong does not matter. The only advice I have is furnish more details so people who have been through similar experience can help you.

    FYI. I do not have a substitute labor. I have my own labor and know people who have superseeded me in line and are already GC holders. But then that is life I dont care what they did or when I get my GC I have better things to worry about.



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  • Suva
    06-05 05:28 PM
    My H1b extension was applied on Jan 15. It is approved this week.

    Hi,
    I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC

    I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
    Please share your experiences and ideas

    Thank You,
    Raj.





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  • Law Loving Alien
    10-25 12:00 PM
    Gurus,

    USCIS is suppose to give decision in 15 business after filling I140 in premium processing ( or converting existing I140 application to premium processing).

    I have seen several person mentioning that they not only got their I140 decision but they got their I-485 expedited too after converting I140 to premium processing ? Is this true...... My I140/I485 was filled at NSC in June 2006...and I have not recieved any decision for my I140 yet....Is it worthwhile to convert my I140 to premium processing ... I am sure I will get my I140 decision in 15 business days but will it expediete my I485 case too after position decision of I140.... Please provide your thoughts...



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  • wandmaker
    07-27 02:43 PM
    Hi,

    My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.

    Thanks.

    It is your choice to let it expire or renew before expire - either way, you will have to file I-765 form, if you need EAD





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  • ItIsNotFunny
    12-19 10:03 AM
    Hi All,

    Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).

    Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?

    THANKS IN ADVANCE!

    - Amit


    My visa:
    - I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.

    - With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?

    My Wife's visa:
    - she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
    Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?



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  • bitzbytz
    03-10 10:08 PM
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  • pappu
    05-24 10:18 AM
    all new members, pls bring in more people like us to this forum.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36

    has an email format that you can forward to your friends. Lets increase the presence on this forum.

    we only have about 4k members. However people on H1B visas every year are 65+K and retrogression affected people are more than 300K. Thus we have lot of scope for bringing more members. Remember, more numbers would also mean more weight for IV when talking to lawmakers.



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  • makemygc
    08-17 03:09 PM
    According to Murthy: http://www.mURTHY.COM
    The package should reach today. Not on monday even if the post mark is 16th.

    Even the Matthew OH mentioned that packet should reach today and if you are sending it to PO, it should be picked up today.





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  • dan19
    09-15 05:14 PM
    Whether EB3 or EB2 is dependent upon the job description.
    Suppose your job requires only a BS degree and you have a MS, you cannot still apply under EB2. The job should require a MS degree or equivalent if you need to be under EB2.

    Honestly I didn't know about this factor when I joined work. I thought I could apply under EB2 since I had a MS degree.

    Better that you asked about these options now, rather than finding it out years later when you are about to apply for the final stage.

    Hi,

    I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.

    But my school said I cannot get my degree certificate till December 2006.
    My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.

    Please suggest.

    Thank you,
    Vijaya.



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  • fearonlygod
    11-14 08:56 AM
    Hi

    If i requre tha exp letter for i-140 stage then because my employer wont give that....can the client exp letter where i was working from day 1 work..also i hope i can get that from my projet manager and director at client...will this suffice?





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  • rajenk
    02-11 07:18 PM
    Thank you all. I am going to get an appointment with the doctor (CS) who is in my medical group. I will keep you all posted how this goes and about the odd file processing even though my PD is way far from the current PD date!





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  • indiablues
    12-28 08:31 AM
    Thank you everyone for the reply.





    chehuan
    01-18 03:17 PM
    do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial

    I can surely find out and let you know
    Thanks to all for helping out
    I am just into the process and I am not so wise with the whole thing





    gmail
    07-22 03:14 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?

    It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.