Wednesday, June 15, 2011

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  • logiclife
    06-30 06:19 PM
    The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.

    Be assured we are considering all options. We are also working with like minded organizations and on
    our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
    visa bulletin that will change the current dates.

    Please be patient and continue to support us. We will continue to update on the website as we have any more
    update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.

    Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.

    IV may post update about its course of action as early as Sunday evening.

    IV team





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  • TomPlate
    11-26 08:09 PM
    As per my company if you do not carry AP and your green card is approved and you enter using H1 you will invalidate your green card.

    If your green card is approved and you use AP to enter no problem.


    That is why AP is for





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  • praveenat11
    10-08 06:00 PM
    are the dates current for EB1 category to file I-485?





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  • GCAmigo
    07-09 09:46 AM
    title translated..



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  • AGC4ME
    01-12 07:05 PM
    Can the period for which PD was not current be taken into account while counting the wait period?
    Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?

    Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.





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  • sunny1000
    04-07 03:56 PM
    Hi,

    I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?

    It will not affect your GC in anyway. They will send RFE for your wife when it comes for adjudication. You can reply thru your lawyer, based on your marital status at that time, the appropriate answer.

    AFAIK, if she does not come back before the date mentioned in the AP (sept 2008), she will abandon the GC application unless she has a valid dual intent visa.

    Hope things work out between you and your wife.



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  • Munna Bhai
    10-18 04:23 PM
    Can someone please post all the documents required for filing AC21 ?

    You don't need any document to invoke AC21, if you are on H1b, do the H1b transfer based on I-485 receipt and if you are using EAD, just go and join other company.

    You will receive RFE, at that time you need to show that you have paystub,experience letter etc and you have used AC21(180 days pending).





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  • zeta7
    03-25 06:55 PM
    Sorry to hear about your luck. Like Skalra mentioned, I too would look into using your AP to re-enter. You said that you had already received your EAD, so I'm assuming you applied for AP too? Otherwise I think you'll just have to weather it out. Based on other posts here I think it'll take 4-6 weeks to get verification done.

    And can they really just hold your passport at the embassy? Can't you request to have it returned, if for example, you want to use the AP option? Perhaps some other scholars here can answer that question.



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  • hmehta
    06-20 05:20 PM
    Hi Swati/Aradhana:

    I just sent you an email, I live in the Los Angeles area.





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  • rockstart
    03-23 01:05 PM
    If you check the video clip of the news the reader mentions it almost at last.

    RIP .....

    The report does not say that they were not wearing seat belts.



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  • thesparky007
    04-21 08:01 PM
    no word from k-man?





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  • hebbar77
    12-16 10:43 AM
    I believe your h1b is void and you may not enter.. I am not a lawyer and this is my opinion only.



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  • ebizash
    05-01 05:13 PM
    I think if you never entered on a non-immigrant visa (in your case H1) after overstaying previous Non-immigrant visa (F1), you could still be in trouble. My understanding is that they wan to see your continued legal presence and maintenance of status from your last entry thru the day when you applied I-485. If the only time you entered US since Jan 2003 is on AP then you might be in trouble.

    This is based on my reading up other posts on IV and may not be accurate.





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  • texanguy
    12-16 12:46 PM
    they probably have assigned a visa number to your case during the month of august/sept when your priority date was current and might have shelved it to open at a future time (which happens to be just about now!)

    Congratulations on your green card. Enjoy your freedom...

    Ladies and Gentlemen,

    As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.

    Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).

    So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.

    Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your files comes to someone's attention. ....Best to all....



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  • snathan
    04-28 05:40 PM
    Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.

    1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
    2. If your I-140 is denied, it will trigger the I-485 denial.
    3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.

    I am not sure but think you can use EAD if you go for appeal...

    So its always good to have H1B as back up for EAD and AP. At least you will be in status.





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  • Makaveli
    11-18 01:22 AM
    now...mdipi wouldn't vote for himself using that account would he?! =) :evil:
    i think lost's looks better...that flower looks sweet....nice try mdipi, i see an improvement from the images you made b4



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  • god_bless_you
    07-10 09:04 AM
    AJ,

    Thanks for the offer. I am not sure if I have permission to shoot any thing on a federal govt agency premises, but will do my best. My sources tell me that some main stream media will cover it. For us to be able to make a good impact, we need to have people there.
    As USCIS announced about forwarding Flowers to Hospitals , some one can go to those hospitals and cover that.





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  • plassey
    09-06 09:02 AM
    2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    Confirm this point with your lawyer as I thougt it would be counted against the quota.





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  • Jimi_Hendrix
    11-17 04:34 PM
    for agreeing about the layout for this thread and forum. Agreement is so blissful around here.

    Now let us get to work and start actively working on IV's objectives:p





    hersheygaile
    09-10 03:34 AM
    thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks





    glus
    12-29 09:53 AM
    I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.

    My take:

    AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.

    In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.

    The above said information is purely based on my knowledge and may vary from an Attorney�s view.

    Good Luck!

    Once again, per INA a person is allowed to remain legally in the U.S. while COS is pending. Leaving U.S. while COS is pending is VERY bad idea so several reasons, including but not limited to abandonment of the underlying petition. Please check INA for details.



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