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  • mwin
    11-27 10:26 PM
    From murthy: http://www.murthy.com/news/UDac21qa.html#1

    Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

    Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.

    Also, check: http://immigrationvoice.org/forum/showthread.php?t=4965





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  • luvschocolates
    07-02 01:41 PM
    I just spoke to a service representative at USCIS in Jacksonville, Florida, and he explained that the I-797 cancellation notice will be identical to the original we received, except that it will say "Appointment Cancelled- No need to appear at ASC".
    I explained that I already knew that but I was confused that my notice stated right below "cancelled" that I was to appear anyway.
    He said that this is how they do it, but the appointment is definitely cancelled and we should receive reschedule notices in the next 2-4 weeks. I explained that I could not afford to miss this appointment so I needed to be 100% sure that it was cancelled instead of just assuming I didn't need to go.
    He said due to a system error all appointments from July 5-10 were cancelled and would be rescheduled. He was very reassuring that those of us who received the cancellation notice were not going to run into problems because of all the confusion.
    So I guess we sit back and wait some more huh?
    I just thought I should share that info since I know there are quite a few here who are in the same situation and since our future depends on this it's not worth missing anything.
    Hope that helps some! Happy 4th everyone!:o





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  • bkshres
    10-07 01:06 PM
    Hi,

    I recently moved from Ohio to Maryland. But Maryland DMA is saying that they can not issue Maryland driver's license based on my Ohio license BECAUSE my Ohio driver license has "non renewable/non transferable" note in it. In Ohio for all non-immigrant, they give driver's license with "non renewable/non transferable" note. Until someone gets green card, the note will be there in Ohio driver's license.

    Did anyone have similar situation moving from Ohio to different state? This is strange rule in Ohio. but now if I have to get driver's license in Maryland, DMA is saying that I need to start from the beginning like fresh driver starting from driving school, certificates etc etc.

    Please help.

    Thanks,
    BK





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  • sg72
    09-29 12:42 PM
    My case is totally different. We applied on July 2nd and my wife got her EAD last week but my EAD not yet approved. Is it normal?



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  • eb3_nepa
    03-28 10:53 AM
    Jnayar,

    It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2

    best,
    Berkeleybee

    Berkleybee,

    We know IV has set policies about postings, but i have to agree with Jnayar here. It is really a waste of time and counterproductive for individuals to be on 2-3 different forums. Especially when the creme-de-la-creme is on this one. If our motive is to draw people to Immigration Voice, then it would be better if the community could help each other out. We have about 4 sections in the forum already. Cant we have a fifth one for "Personal Issues with Green cards". When you say, ranting etc is wrong i agree, but it would be kinda nice to allow people to post their issues that are hard to find on other forums. I mean at max, some people will read the issues and not post a reply, but if someone DOES have an answer, it would make life easier on the person that posted the question. From my personal experience, i used to visit the ImmigrationPortal religiously during the past year. Now i have not once stepped onto that forum, coz most of my needs regarding information are met here. We have a strong, vast and diverse community on here and we can help each other out, being that most Immigration Lawyers are not very prompt in answering our questions. You guys have been doing a great job moderating this forum, but we need to have a seperate category for these extra issues.

    When IV started, it was mostly for retrogression, but now we have encompassed Labor certification too. People on this forum have all sorts of problems. While we cant solve them all, we can certainly Try and help. Some of us have gone through similar experiences and can help other out.

    Adding another forum should not be too big of an issue in my opinion, though the Admin could shed some light on this.





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  • belmontboy
    05-23 03:36 PM
    I am on H1 since 2005 and renewed last year and it is valid till april 2010.


    Last year i joined directly to the client and they are processing my GC.

    When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
    So as back up i want to have a labour approve based on future employment and if possible have 140 processed.


    guide me if this is not the correct thing to do...

    regards

    you surely can have two GC app's in process.



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  • sanju_dba
    09-14 02:17 PM
    There are less than 1000 replies in the I-485 voting thread and no money is required...how do you plan to sell 20K tickets to only a few "active" members?

    Thats the key thing here, a fund drive/ monthly contribution will attract the seasonal participants, but a raffle will attract ALL ( the one who have graduated from IV ).
    this way a constant fund raising process can be established.
    thats my thinking, please pardon my ignorance if any!





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  • akhilmahajan
    05-03 06:51 AM
    Seems like a lot of people are waiting........
    hopefully things will move fast...........



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  • manderson
    08-15 09:26 AM
    "IV was very active in lobbying for CIR 2006, which was passed in senate. "

    True but most people don't know the difference between passing it in senate and signing it into law - they will think it simply passed (this has been my experience when talking to GC/485 newbies). Please say something like "which was passed in the senate (upper house of parliament), short of passing into law".





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  • stupendousman11
    08-18 12:51 PM
    Hi stu*
    Did you get an answer whether we can send the medical papers to USCIS now with I-485 receipts?
    Would it work?
    Anyone??


    As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."

    She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.



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  • sroyc
    11-09 01:53 AM
    I'm interested in being part of this group. I realized last weekend that I'm not so great at handing out flyers and reaching out to random people.

    I would rather spend my time on things that I'm good at. I can help with writing, analysis, drawing, etc.





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  • forever
    08-03 10:48 PM
    What do you think..I would not have done that before posting that:)

    I still don't see it...hope its not my cache issue. Will clear it and try again.

    Here is the link.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD



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  • TeddyKoochu
    11-05 09:16 AM
    Just Voted, thanks for posting.





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  • joydiptac
    05-14 03:56 PM
    My heart goes out to the parents of this victim of immigration impasse. A minor accompanying parents illegally or otherwise cannot be termed illegal.

    How many more innocents will become victims for the crime they have not committed?

    Republicans wake up to this gruesome reality. Even legal immigration applicants like us are still without a green card after being in this country for 10 years.
    Even if you forget us, and the illegal adults the issue with the "illegal" minors must be addressed.
    Their future cannot wait for your petty political gains.



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  • augustus
    05-12 02:59 PM
    Well, his job responsibilities are now more than before. I am not sure if this new position requires a masters degree.

    It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.

    I don't know. I am so confused.





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  • kamdard
    04-08 11:02 AM
    PD: MAY-2002 (EB3 India)
    I-140/I-485 filed: 28-JUN-2007 (NSC)
    I-140/I-485 RD: 24-JULY-2007
    I-140 Approval: 05-SEPT-2007
    EAD/AP: OCT-2007



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  • Googler
    07-20 12:53 AM
    But this won't be easy "Do you want us to compromise on national security", will be the first question asked . They will acknowledge the applicants pain and won't budge . "We know thousands like you are getting screwed for many years, but national security is foremost'.


    Man, these forums are getting chaotic -- we need a reorganization so that duplicative threads are avoided. Namecheck probably needs its own subforum.

    I didn't want to re-post what I said in the name check sticky thread, so here is a link http://immigrationvoice.org/forum/showpost.php?p=126248&postcount=351.

    As for the argument that the name check process enhances national security that is not really true.

    (a) how is national security enhanced by having someone sit around renewing their EAD hanging out in the country year after year -- they should really be hurrying if they are so worried about the risk we pose.

    (b) there is considerable internal debate about the usefulness of the "reference file" part of the check; the part that causes these huge delays. Read the name check section of the Ombudsmans 2007 report.

    (c) if national security is being preserved by this process why isn't it fully funded through appropriations?? Surely catching a terrorist is worth more than the $2 per application that USCIS pays FBI.

    (d) if national security is being preserved by this process, then why is FBI complaining (see recent press reports) that only 30 analysts are available for this reference file part of the analysis?

    (e) Sec. Chertoff is always yammering on about "risk based" national security policy -- the FBI namecheck process is the opposite of risk based policy. See Ombudsman's 2007 report again.

    Also note that 8 USC 1571 (http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001571----000-.html) states very clearly that "It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application". Congress did not intend that the process should stretch on for years upon years. 8 USC 1571 was not stricken after the new name check guidelines were put into place.

    These are all points that we have to hammer on -- to the press, to congress to absolutely everyone who says hi to us.

    This should be a campaign as large as the one for the visa bulletin fiasco because the effect of the FBI Name Check is as devastating if not more devastating than the visa bulletin fiasco.

    All these years we had no choice but to believe the BS that was trotted out by FBI (google Cannon, Garrity testimony) about how most records were done by the time you made your morning coffee, what are you thowing a tantrum about my lovely etc. I really sat up when I read the 2007 Ombudsmans report which finally provided data to support what so many people had been complaining about for years. Now no one can deny that the scale of the problem is unpardonably large.





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  • Scythe
    11-11 07:21 PM
    You gave him $800 in return for a $200 prize?





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  • yabadaba
    06-22 03:20 PM
    http://www.uscis.gov/files/pressrele...ling062107.pdf

    Does this mean USCIS take it back?
    http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    Calm down..its there





    nfinity
    07-11 07:07 PM
    Send me a PM with what needs to be done.





    surabhi
    06-02 10:50 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

    To my mind, going out of country and reentering is envitable in either situation.

    1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

    Attorney should confirm this.

    2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

    3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

    In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status



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