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  • vybe3142
    07-25 12:59 PM
    Congratulations on you new job. Like others have suggested - make sure you do a good job of sending our AC21 docs - now that you know that your employer is going to revoke I140. Also be ready for any RFE / NOID and prepare your documentation before hand.

    Good luck.


    Thanks, ..
    What kind of documentation do I need to keep handy in case of RFE?





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  • Anders �stberg
    June 4th, 2004, 01:47 PM
    I find closeups are often surprising, gives a different perspective on ordinary subjects.

    I updated the posts to include EXIF data for each picture.





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  • vadik78
    03-01 12:45 PM
    Hi,

    I saw immigrationvioce discussions on immigrationportal.com and decided to visit the site to obtain additional information regarding the community. I was trying to find a bullet-point list of immigration voice goals/priorities, however i did not find one.

    I am not sure if I missed it or it just does not exist. If it does not exist, maybe it is a good idea to publish the list in the "about us" section or in the FAQ sections. I noticed that there was some info available in the about us section, however it was quite generic.

    What I was thinking is that it would be a good idea to publish short-term and long term goals in a fairly detailed format, for example:

    Short term:
    1) Fight name check delays:
    1a. educate the congress about name check delays
    1b. ask the congress to implement service requrements for name check processing (i.e. 6 months completion for X%, respond to name check inquiry for name check pending for more than 6 months within Y days/weeks, etc)
    2) Fight retrogression:
    2a. Educate the congress about restogression
    2b. Ask the congress to re-capture unsused visa numbers
    2c. Increase visa allocation for EB categories

    I think that such information would be good for new/potential members.





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  • centaur
    07-28 04:18 PM
    :)

    One more expert...:D



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  • dingudi
    10-25 02:46 PM
    Guys,

    Today I saw a weird online status sequence for my spouse's EAD. At first when I checked it said that "card production has been ordered. Please wait 30 days to receive it." I checked again after couple of hours and the online status reverted back to the usual receipt notice status which says something like this

    " On August 10, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice."

    This was the message I was receiving when I got the receipts initially.

    But for my EAD today it is says "card production ordered...." and this message is still being displayed whenever I check it. So I am not sure why for my spouse's EAD the status went from "card production ordered" to previous receipt notice status.


    I-485 July 2nd
    I-485 ND Sept 10
    No FP yet.
    EAD/AP receipts received.





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  • gsc999
    06-29 11:12 AM
    My friend

    What else we lose if we stand up the plate to express some legitimate concerns?

    Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

    Unless some compelling personal reasons, i do not see any thing wrong to raise the voice
    ---
    satyasaich,

    I am sorry for the misunderstanding. It seems my attempt at sarcasm didn't work.

    CIR is not amnesty. It is a solution to a problem. People who label CIR as "amnesty" are narrowly viewing the legal definition rather than taking the broader view of trying to solve the problem of immigration. The issue here is not what is the legal definition of amnesty but a comprehensive solution to immigration.



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  • backtoschool
    01-08 04:36 PM
    [QUOTE=mharik]Hi ,

    Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????


    ANYONE????





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  • reddymjm
    05-21 01:55 PM
    hi,

    Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.

    It is no longer available.



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  • bhavana
    05-24 07:51 AM
    Good job Buddy





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  • tikka
    05-29 04:00 PM
    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?

    I think you need to have a masters plus a 4-5 years of experience to be eligible to apply under Eb-2. Also, you would have to redo the entire process of applying in EB2.
    Dont think anyone can really guess if EB 3 will be current by July.

    Please do take a few minute and send web faxes!!

    Thank you



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  • nkavjs
    11-15 09:47 AM
    Tri State Folks,
    You just saw priority dates in Dec visa bulletin. What do you plan to do now?
    I have some answers for you but would like to hear from you first..

    Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
    Thanks





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  • Bytes4Lunch
    03-07 09:25 AM
    Visa stamping interview --> First week of Feb
    Was asked to submit technical questionnaire and other documents as per 221g which I did
    Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime

    After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
    The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
    When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.

    Now my question is:
    ---------------------------------------
    I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
    Then arrange for the h1B visa stamping interview at say Tijuana, Mexico. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
    I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.



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  • mhathi
    05-16 11:19 AM
    I have called all the members identified on the thread. They
    were all nice to talk to and most of them said that they were
    receiving a lot of calls regarding these bills. Many completed my
    request for me :D

    Let's all call and make these bills a reality.

    P.S. I also called Sen. Menendez regarding the Murray amendment but
    had to leave a voicemail.





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  • Apollon
    06-30 12:16 AM
    The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

    If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

    My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.

    Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
    1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
    My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
    2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?



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  • forever_waiting
    03-07 12:33 PM
    I fail to see how your questions have any relevance to this effort but anyway, below are my thoughts.

    How many members does IV have in total?
    Around 30-40K

    What % out of that total has not filed 485 yet?
    Maybe around 5K-10K. No one knows for sure. Getting to know this number was the purpose of the survey!!But that doesnt mean we should not reach out to newer members who do not know about this initiative and get them to sign up as well.

    Only if we know these two can we say that you need 5000 to go ahead with this plan.
    I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
    You are looking at it from a very narrow perspective. Think about how much persuasion it will take for Congress or USCIS to stick their head out and even attempt to consider this proposal! No one is waiting to create an opportunity for us to file I-485. Even USCIS knows roughly from their own data that there are >50-70K folks waiting to file I-485. They just wont acknowledge it because they know the status quo works for them and they are following rules. If we go to them with 1000 letters, the impression will be that less than 2% folks are really desperate for this fix. So why should it even be considered.. especialy considering the climate in the Congress where several anti Congressmen/Congresswomen are waiting to shoot off a letter to the USCIS asking for clarification on why they are doing even very minor (much much smaller than this admin fix) favorable actions for EB immigrant applicants.

    1200 seems to be a good number

    If you really think so after reading the response above, Pls go ahead and convince IV-Core to proceed with 1200. Contact pappu or starsun.


    Good post but we need more information.
    How many members does IV have in total?
    What % out of that total has not filed 485 yet?
    Only if we know these two can we say that you need 5000 to go ahead with this plan.
    I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
    1200 seems to be a good number.





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  • james_bond_007
    03-13 12:01 AM
    Congratulations !!

    Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..



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  • dupedinjuly
    07-18 05:00 PM
    You Status date needs to be before USCIS receipt date.
    USCIS Receipt Date = Date the USCIS mail room assigns on the working day, when package is received.
    Status date = I-94 Issue date.

    You can come on August 15 at 11 pm, but if your filight is late by an hour then, you I-94 issue date will be Aug 16. ? You are cutting it too close.
    I have not heard of them looking at time, they go by date. If you are in at 12:01 am then your date will be 8/16/07

    Not clear if the I-94 is issued on Aug 16 and receipt date is Aug 16, then what will happen ?

    It would be safe to mail the application on Aug 16 by Fedex with USCIS receipt date of Aug 17, it will take care, if your filight is delayed.

    I-485 Courier Mailing address for Nebraska Service Center

    USCIS Nebraska Service Center
    850 S Street
    ( Ref: P. O. Box 87485 )
    Lincoln, NE - 68508

    Find out the right Courier address for your service center if its not Nebraska.

    Could somebody explain to me, please, how is it working with the receipt date?

    I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......

    .....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?

    OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?

    Could someone please clarify this as depending on this I have to change the schedule of my plane flight.

    I would really appreciate this.
    Thank you in advance!





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  • panky72
    06-20 02:28 PM
    I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??

    Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.

    Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...

    Thanks

    You can travel on H-1 without I-485 receipt according to new USCIS rule but for travel on AP you still need the receipt for 485.
    http://www.murthy.com/news/n_firule.html





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  • sumansk
    09-26 05:16 PM
    Man I called and talked to teh 2nd level person and she said my app is not in the system...So what could be the reason for it...It was received on 18th july in NSC..Any pointers guys..?? :(





    jasmin45
    10-03 02:24 PM
    Greetings,

    Here’s what I got from my attorney on Monday, October 1st 07. It seems there was a conference call of some sort with USCIS officials past week. Thought this will just keep you informed if you haven’t heard about this yet. Please check with your attorney for confirmation.

    Below is the summary FYI only.

    1. Expect further retrogressions on the visa bulletins

    2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in July

    3. Do not expect premium processing to be re-instated for I-140s for a while

    4. There is a big problem with the receipt notice updates that are being published by USCIS—they are not accurate and they are further behind than they are publishing. Aytes is trying to fix this discrepancy.

    5. If you submitted photos with the EAD applications, then Aytes said you will get your EAD faster than those who did not

    6. Expect changes in regulations to permit H and L people to travel without the I-485 receipt notice due to the major backlog in receipting

    7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.

    8. Backlog Elimination Centers (BEC) should be up to date in one month

    9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.

    10. 20% of PERM cases are being denied

    11. Atlanta’s motions for reconsiderations should be processed faster soon

    12. New PERM form on March 28, 2008

    13. Carlson stated that the DOL’s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ’s are on the DOL website.

    14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.

    15. I-9 raids are a hot topic!!!! For example, the city Reno (NV) saw several McDonald restaurants raided on Thursday—this is expected to happen all over the USA and with all types of employers. PLEASE make sure you have the I-9s in a separate place and handy in case of a raid. If I-9s are with other paperwork, then the raiding officer will review it all!

    16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.

    17. The US consulates and CBP are Googling you!





    GCNirvana007
    04-02 04:00 AM
    Babu Moshay, control your temper. As it is we dont have many non-indians in our group. You are putting off stray non-indians who come here to seek advice. (This guy is from Romania).

    Why you will get GC quickly if you have more non-indians? OR
    You are trying to be nice to them coz you are insecure of yourself in your subconscious mind? OR
    Is it that he yelled at a non-indian which broke your sensitive heart?.

    Whats your point?

    Would have been better if you stopped at temper. Doesnt matter if its indian or non-indian. Try to treat all people the same in your mind first irrespective of color and culture. Stop selling yourself short.



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