Saturday, June 11, 2011

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  • theoyilma
    09-10 03:03 PM
    Thanks dummgelauft

    My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
    H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.

    What a relief !!!

    Thank you so much again !!!!

    Theo





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  • akhilmahajan
    09-20 04:21 PM
    is there any possiblity that the EB3-ROW from Bngladesh become current soon. can you tell any approx.....days. What about in October....i heard that the new visa will be available in Oct every year. Is there any quota for different countries....??????? thanks again

    Do you know who will be next president of USA?
    In this case, atleast we know there will be a president of USA, but in case of USCIS no body knows whats going to happen.

    about the dates being current, u need to keep on following the visa bulletin every month. If your date is not current then keep on renewing your EAD/AP. Also be ready to do FP almost every other year.

    If you feel frustuated join us in the fight.
    But if you feel that u have filed 485 and u r all set, then GOD HELP YOU.

    Please dont take my post in the wrong way, i am just trying to enlighten you to the world of uncertaintites in which you have entered after filing your 485.





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  • EndlessWait
    08-01 12:39 PM
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1819

    Good going.





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  • saps
    01-09 12:18 PM
    Thanks for everyone's help. I would give you a green but I don't know how to...If you could tell me ..



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  • gimme_GC2006
    08-17 08:02 PM
    gimme_GC2006,

    I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.

    so nothing to fear.

    ok..cool..thanks !!
    Hopefully mine will also be cool. :)





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  • LostInGCProcess
    11-05 04:39 PM
    In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
    Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?

    The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.

    - I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
    As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.

    - Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
    H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.



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  • atlfp
    04-08 02:44 PM
    Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.

    If you look at the visa bulletin, you can be absolutely sure they are not seriously counting EB3 numbers. There is no description/predictions or whatsoever on EB3 category, which means they have no solid data to support their EB3 cut off data. They are just waiting for the 245i flood to come.


    Atlfp,

    I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.

    Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.

    So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.

    Will keep members posted on this.

    best,
    Berkeleybee





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  • gcformeornot
    06-30 08:36 AM
    You are a line jumper. Get out of here..:mad:



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  • va_labor2002
    06-16 01:22 PM
    Excellent idea. Please talk to the Core team.
    We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.

    Any comments from Core team ?





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  • logiclife
    04-12 12:08 PM
    Here is the link to wikipedia article on Immigration Voice:

    http://en.wikipedia.org/wiki/Immigration_voice

    Thanks,



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  • inskrish
    04-11 10:51 PM
    I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
    What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.

    Hello,

    I am 99.99 % confident that the soft LUD has nothing to do with your job loss. Had USCIS been that efficient to update our cases with in a couple of days of change request, we wouldn't have this messy immigration system. Lately, USCIS has been working aggresively to reduce the backlog of pending 485 applications applied during the July.2007 fiasco, by processing those applications. The "processing" means validating the application and the documentary evidences. If everything is fine with the application and the applicant's PD is also current, USCIS approves the I-485. If the PD is not current, USCIS preadjudicates the application and the application is kept pending until the PD becomes current. This triggers a soft update in LUD in I-485; besides, there are also several other scenarios that might trigger soft LUD in I-485.

    Regards,
    InsKrish





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  • brahmasap@gmail.com
    04-11 02:34 PM
    Hi,
    My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
    Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?

    I have two questions here.
    1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
    2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).

    Please help me by answeringthese questions.

    Regards,
    Brahma Reddy



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  • qisolu917o
    03-22 10:05 PM
    to be severe with oneself and lenient with others.As for me, all I knew was that he was good to me and had a big brown and black German shepherd, Susie, that he brought to play with me. Susie was a big part of my childhood, and started my lifelong love affair with dogs.Mother and Roger got married in Hot Springs, in June 1950, shortly after her twenty-seventh birthday. Only Gabe and Virginia Crawford were there. Then Mother and I left her parents home and moved with my new stepfather, Come and buy world of warcraft power leveling (http://www.u4game.com/Wow_Power_Leveling.html), cheap wow leveling (http://www.u4game.com/Wow_Power_Leveling.html), free wow power leveling web . warcraft gold (http://www.u4game.com) webpage! whom I soon began to call Daddy, into a little white wooden house on the south end of town at 321 Thirteenth Street at the corner of Walker Street. Not long afterward, I started calling myself Billy Clinton.My new world was exciting to me. Next door were Ned and Alice Williams. Mr. Ned was a retired railroad worker who built a workshop behind his house filled with a large sophisticated model electric-train setup. Back then every little kid wanted a Lionel train set. FFXI Gil (http://www.u4game.com/Final-Fantasy-XI-49.html) Daddy got me one and we used to play with it together, but nothing could compare to Mr. Neds large intricate tracks and beautiful fast trains. I spent hours there. It was like having my own Disneyland next door.





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  • wandmaker
    11-12 10:59 AM
    Is anyone in the similar situation of not receiving the receipts even after check has cashed way back.

    My checks cashed on 10/2, I was able to get the receipt numbers from back of the check. Lawyer/myself did not receive any physical notice. I opened a SR last week and waiting.... :(



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  • swartzphotography
    June 24th, 2006, 10:47 PM
    it dont just sound like you have dust on your sensor. you do have dust on your sensor. at this point you have 3 options. you can do what nikon and canon recomend and blow the dust out with a blower bulb at wich point your head may explode from the frustration of NOT getting the dust of since it clings to it through static charge. the next and most stress free way to do it is to find a local camera shop that will clean it for you (not all will do this for you however). the service is available here in okc for 85 smakaronies. The should use a stero scope to get down there and get every piece of dust off so that your sensor will be back to the original shape absolutely no dust. or you can be brave and make a small investment on ecipse cleaning solution and cleaning swabbs. the solution is streakless after it dries. also get a special set of cleaning brushes that you can swipe across the sensor without scratching the sensor. as i said the method i recomend is paying the mola to have someone else do it as when i tried to clean my sensor i was so nervouse i just did not trust myself to do a good job.





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  • surabhi
    05-28 10:23 AM
    It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date

    see page 2 in the following link

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf

    relevant text is reproduced here

    Second, the Ombudsman recommended that USCIS issue Employment Authorization
    Documents valid as of the date any previoua EAD expires.


    USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.

    Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.

    Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.

    Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
    progress on this front.



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  • chanduv23
    07-31 03:52 PM
    Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not.
    Is there a way? Please help me please. Thank you

    485 is your petition and does not have anything confidential about your company, so legally your employer should not cut ur access to lawyer.

    Labor and 140, it is undeerstandable for employer - lawyer protocol, but 485 that must not be the case.

    Contact your lawyer, nothing wrong in asking for reciept notice. But remember, I am a third person and don't know about your employer and lawyer and how they are. So do it at your discretion





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  • cbpds
    02-23 12:53 PM
    please change the subject of this thread to "loan denied" otherwise its assumed to be H1/Stamping denied

    I'm not sure about Mortgage.

    But for Cars I heard below.

    One of my known Uncle who is having GC went to buy Lexus car in NJ and they hesitated to approve him loan and by this my Uncle got upset and he downpaid whole money. Ofcourse he is Wealthy.

    One of my collegue who is in US from past 3.5 years went to Honda showroom and they didn't approve him Loan as he doens't have valid Visa & I-797 is valid for couple of months only.

    Forget about Banks, even Credit Unions are doing the same.





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  • CaliHoneB
    09-21 10:50 AM
    After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.

    I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
    The solution is simple
    Eb2 = B.S+ 5 years of experience or M.S degree
    So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)

    I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
    I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
    Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
    The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
    I know it is a wishful thinking but I see this as a most practical solution on the table.





    jkays94
    05-04 10:59 PM
    Please see the thread on the SKIL bill, I believe the bill covers premium processing for I-485. For DOL I wonder if they would even have the capacity to do it, funds or no funds.

    http://immigrationvoice.org/forum/showthread.php?t=691





    menezeswayne
    12-11 03:05 PM
    Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?



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