Friday, June 24, 2011

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  • RDB
    09-16 01:37 PM
    There is no LAW that mandates this!......It's kind of a best practice thing - people usually recommend 6 months.

    Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D




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  • rpat1968
    09-20 12:14 AM
    I got a response for the SR made through Infopass saying that there is lot of work load in NSC so there have extended the processing of my I-485. IN the SR we have asked about the incorrect EB classification and wanted to know the current EB category. This shows that SR responses are most of the times useless. I made a infopass appointment (3rd visit in 1 week) and was indeed able to find that USCIS screwed up my EB classification. Now I am trying all avenues to get this corrected. Because of USCIS's mistake I Lost multiple approval opportunities in last 2 years went dates became current for EB2.

    My I-140 clearly shows that it's approved in Eb2 adv Degrees or Exceptional ability category. My lawyer and Employer both have agreed that USCIS has made mistake. in Infopass they created an SR last week with regards to this and there is no response.




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  • speddi
    09-12 04:35 PM
    Hi,
    I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.

    1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
    2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
    3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
    4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?

    Thank you.




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  • stemcell
    02-28 10:36 AM
    Hi Guys,

    I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.

    Will appreciate if u could help.



    Thank you in advance.

    Please ask relevant questions in this forum.
    Asking about taxes,home buying,etc etc just is beyond the purpose of this forum.:confused:



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  • pappu
    11-03 10:36 AM
    The wicked witch is dead. As for me I have packed my bags and moved to Canada. I first came in 1999 as a student and immigration has been downhill since then.

    Pls let us know if you would like to tell your story in a media interview?




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  • drirshad
    08-09 03:09 AM
    Here is the funny part, when I was talking to the IO he told it is not fare for applicants who filed at NSC but will be processed by CSC dates I indicated why would they do so when my EAD & AP second renewal were processed by NSC even though the first one were receipts with WAC processed by CSC.

    He agreed and said NSC & TSC are the only EB based processing centers then repeated the whole shit of not fare, I called back again opened an SR.

    My lawyer indicated the IO is an idiot, I also filed a complaint with Ombudsman. If nothing works by next week will contact the local Congressman office through lawyer.

    I don't if they hired all these new people who are more dumb than pumpkins.



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  • hope2007
    04-15 11:37 AM
    SKIL Act says NON US advance degree holders should have 3 year experience before filing immigrant petition. Is this experience before filing LABOR or before filing I-485. My LABOR and I-140 is approved and I have NON US Masters degree but did not had 3 years of US experience before filing LABOR.
    Now I have more than 5 years of US experience, will I fall into this category when I file I-485.




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  • kshitijnt
    03-06 11:17 AM
    All: I applied for advance parole on Feb -9 , delivered Feb -11. I filed under new fees structure and hence I am exempt from fees. I clearly mentioned that in the letter. However, till date I have received no receipt. How should I handle this?



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  • bkn96
    11-24 01:20 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..




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  • aristotle
    07-11 11:40 AM
    Please see my other thread "Stop, Think!!" for my thoughts.



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  • venky08
    06-24 12:01 AM
    even if in july bulletin the dates move back, think anyone can file till jul31st.
    The applications will be valid as long as it is post marked before 31st july.
    thanks dallasblue...these things were freaking me out...my family is in india and plan to come back on july first week...i just didnt want to apply on july 15th and then realize that the dates were retrogressed mid month...that would be a big deal...

    these lawyer websites are posting that they can stop accepting applications mid month without even putting out any notices...i just wanted to ask someone if anybody have any known record of this thing happening in the past...i am still worried because of this what appears to be baseless fact...but since it comes from a lawyers website my doubt still remains...can someone please help me with some conclusive facts???:confused:




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  • diptam
    04-13 01:15 PM
    Thanks all - I understand an independent status for my wife is the solution. But saying that and working that out in real life is the difference.

    a) When peoples like me who are working here for 9+ yrs is having a hard time finding a new Job on H1 ( not just consulting employer a real employer) because major companies are scared of hiring a new H1 until the dust settles - It will be way difficult for my wife to create a new H1 position.

    b) Regd. F1 it has to be a fulltime course and we have a 2 yr old Kid. Sending him to daycare , finding a Fulltime course for a new F1 and funding both operations by a single Job may be another challenge.

    I was wondering if the respected lawyers here at IV could first show me some direction and i'll follow that.



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  • miapplicant
    09-24 09:56 AM
    We filed on July 23rd at NSC. No news as yet.




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  • maco
    09-24 03:50 PM
    I have bad credit will that effect my Green card?
    though i am paying them off it still shows on my credit report



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  • gcgcgcgc
    10-26 05:44 PM
    I was surprised to see my AP in hand
    It seems it was approved on Oct 9 and my attorney received it on 22 oct
    I received it today to be very surprised as the online message still says case received and pending
    What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved

    Good luck to all

    Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.




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  • trueguy
    08-28 04:07 PM
    Good fight guys, keep it going. We need reasons to laugh in this GC mess.



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  • TO BE OR NO TO BE
    10-21 04:19 PM
    I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
    Possibly the new job will not be 100% aligned with the job desc that was put during the LC.

    Do any one can help me guide what are my options?

    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!




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  • nomorelogins
    11-16 04:23 PM
    your pd needs to be current for being allocated a visa number.

    they process ( fp/namecheck etc ) and you eventually become documentarily ready. but still pd needs to be current to get GC

    eligible_for_visa_num_alloc = pd_current && documentraily_ready && visa_number_available




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  • srkamath
    06-28 05:46 PM
    very useful perspectives from other organizations - thanks pappu... this election season will be very interesting.... i hope more rational.




    Saralayar
    12-12 05:18 PM
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and file gathering dust waiting for visa number.

    On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.


    P.S : If you are an advanced degree holder born in India. Hahahaha.

    GOOD ONE... TIME TO LAUGH AND RELAX.....:D:D;)




    sai_srinivas
    05-22 08:28 PM
    Eb3



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