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  • shan74
    01-12 05:57 PM
    bhanurpiya i sent u a pm. please let me know.

    thanks




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  • bala50
    12-12 06:02 PM
    You don't need receipt notice. Valid AP and Passport should do.

    Welcome to IV . Which state are you from. Please consider joining your state chapter.

    Hi!

    I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.

    I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?

    Thanks for your help!
    Vivek.




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  • skv
    08-03 05:37 PM
    Hi logiclife,

    I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.

    Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.



    What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.

    Now, how did you add material to the word document that was already signed? And therin lies the bad part.

    Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.

    Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?




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  • obviously
    08-04 11:45 AM
    Thanks for the 2 quick responses... albeit, opposite in recommendation :)

    1. No need to file new I-485
    - Has anyone done this?
    - Any risks that we should think about?

    2. File new I-485
    - Has anyone done this?
    - Apart from the additional cost and document preparation time, is there any other downside?

    Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.

    Appreciate any responses or assistance!!!!

    Cheers!

    I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.

    When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.

    You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.

    You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.

    The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:

    (e) Retention of section 203(b)(1), (2), or (3) priority date. --

    A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.



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  • shana04
    07-22 12:01 AM
    http://infopass.uscis.gov/ .Please follow the instructions on the screen. Choose "You need information or other services " option.

    Wish you all the best.

    Dear Friend,

    Thanks for the info, please let me know if you have taken info pass for your self and your dependent.

    If yes, please let me know the process.

    Any one who has taken info pass for both(your self and your dependent) please advice

    Thanks,
    shana




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  • sam2006
    01-21 05:02 PM
    Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.

    The worst part many working pros who know of these issues hardly make an effort to work on a solution.

    Either stay mum or fight for..IV members are the latter

    True

    All they care is catch a Desi Consultant and fake the resume So sad !!!!



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  • ssnd03
    07-12 04:10 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.

    It will not solve retrogression which is a bigger problem, but requires congressional action for number increases

    BTW my AOS is pending due to indefinite background check delay.




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  • abhijitp
    01-24 04:17 PM
    Hello everyone from SF Bay Area,

    Please check out
    http://immigrationvoice.org/forum/showthread.php?t=16806

    I have obtained the permission to conduct a letters campaign at Fremont BART station on all weekday evenings beginning next week.

    If you live on the East Bay and haven't written your letters, this is your chance!
    You can:
    1) write & sign your letters on your own, then just drop them off to the volunteers at BART station
    2) simply sign your letters at the BART station- we will keep the letters ready for you!

    Come on folks, you just need to show up there on one weekday evening in a span of 2 weeks!
    Could we make this easier for you?

    Please also spread the word among all your friends who take BART from the east bay. If you are closer to another BART station you are welcome to conduct a similar drive there. You need to take permission before you do.
    Go here:
    http://www.bart.gov/docs/FE_Permit_Application.pdf

    BART is used by hundreds of immigrants everyday, we gotta exploit this opportunity!
    Thanks!



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  • gc_peshwa
    01-26 07:00 PM
    IMHO this is a tremendous start. If at all the lawmakers do get serious about this proposal we need to lobby hard to include MS students and EB community as part of one of the amendments. If President Obama can mention MS students in in speech to the nation I feel he would atleast support it.
    The topic of STEM students getting stapled green cards should be relatively less controversial.




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  • noone2day78
    02-19 08:13 AM
    ohh is this really true? can u specify a source for this ?
    Dandruff said "You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
    It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status."


    Is this true for ppl who haven't done masters in usa?



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  • prince_charming
    04-08 04:20 PM
    Hard stop at June 30th....

    Damm... missed by 2 days then :(




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  • desi3933
    02-18 06:17 PM
    I have a Green card and also my wife has GC .My wife is expected to deliver a baby.Shw wants the delivery to be in India and then come back...in that case what VISA will the new baby have to apply US when my wife returns back to US.

    Appreciate your help in this regard.

    She has come back to US before child turns 2 and it must be their first trip to US. No visa is needed for child and child will be provided green card on arrival.

    You need to carry documenation with you as not all airlines are aware of this rule that child can travel without visa.

    Again, it must be their trip back to US after child's birth.

    _________________
    Not a legal advice.



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  • ramakrishna_ram
    06-14 07:40 PM
    Thank you for your inputs. I really appreciated for your help. We went to Detective office and he allowed my sister only to question. He asked couple of questions regarding that family and theft. My sister explained him that she don't know about that situation. It took about 20 minutes time there. We have below questions still remains in our mind.

    1) Do we really required a Lawyer to protect?
    2) I believe they should have proper information to arrest or accuse right?
    3) We know my sister is innocent but feeling insecure for being happend. so what are all the chances to again question my sister?.

    After viewing your messages here, we realized it is wrong to go to Detective office but we went this morning

    Please help me in this




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  • rockstart
    05-19 03:40 PM
    Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.

    If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

    Is number of applications in 2001 and 2002 is > 40,000.

    Its very hard to believe.



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  • pappu
    06-15 09:19 AM
    In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.

    We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.

    The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.

    Other issues we have noticed are
    - USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
    - 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current

    and other similar issues.

    In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.

    As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.

    In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time

    Difficulties faced by applicants who get wrongful 485 denials:
    - When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
    - Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
    - Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
    - Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
    - Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
    - If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
    - Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
    The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
    That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
    Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
    The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
    We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
    We request our members who have faced such issues or are facing such issues to
    - post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
    and
    - Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)

    Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously

    At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.

    By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
    We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
    With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
    Thank you,
    Immigration Voice

    Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817

    If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.




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  • Harivinder
    11-20 12:08 PM
    I think the Core team should try to contact her ASAP to make her aware of your situation. Her schedule will me more tight after January, and it might we very very difficult to get her attention for few months after that.



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  • Green_Print
    08-01 01:10 PM
    I would say some imagination fused with wishful thinking :D

    Is it just your imagination or did you base this on any source.




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  • dixie
    01-25 08:13 PM
    Bush made his statement in the context of H1-B visas, not in terms of giving GCs. So it is not as if he made a pitch for us - there are plenty of folks making a pitch for H1 visas.It does not necessarily help our cause - H1 visas may very well be addressed without fixing the EB system, as it is more convenient politically and for the corporates.
    When decision making people or people at the top talk, then i believe there is a sense of realization about us.
    Atleast this should provide an easy opening of our case with top leaders.

    I am not saying that is it, they are dispatching GCs through Fed-Ex?
    If they did, i would be really surprised.




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  • m.e.g.
    03-31 03:07 PM
    That is a good question....because I have tried to save it as PDF and an EPS as well seeing if that would work, but it doesn't even show up as an option to open on the Blend side. Only the .ai file showed up. But I will try to export it with the PDF options.
    I will mess around with it a bit...Be back in a sec...




    shan74
    01-15 10:24 PM
    Hi Bhanupriya,

    Couple of questions:

    Did you directly requested 140 and labor documents in the form, or what was ur statement to request the documents.

    Also what are the documents u need to send along with the G639 form. Also if you can mention what to fill in each section that will be of great help.

    thanks




    waitin_toolong
    07-18 06:56 PM
    read the last paragraph of the link you posted

    Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.

    As for status information, if your wife does not want to work after she gets back it might be in her interest to enter using H4. Because if she stops working she will not be out of status but AOS pending, hence legal, but there will be no safety net in case od denial, and you will save money on AP's



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