Friday, June 24, 2011

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  • immigrant2007
    07-19 09:05 PM
    It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.

    The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!

    Hi Rajenk

    thanks for the information





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  • ttdam
    10-02 04:08 PM
    Hi gchopeful

    Sorry to hear about denial
    Was your case @ NSC/TSC ? EB2 or EB3 ?

    Mine is A2P RFE as well from TSC !

    Thank you





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  • soneC
    06-15 01:10 PM
    Dear Ms. Martin:

    Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:

    1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?

    2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?

    3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?

    4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?

    5. Please give me a fee quote for I-485/EAD/AP?

    Thank you so much. I am looking forward to your reply.



    Sincerely





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  • svr_76
    06-17 03:04 PM
    I had mine today. The Officer answered the following questions-
    1. Assigned to Officer - Yes
    2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
    3. No transfered/interview scheduled.
    4. Opened up a SR for me for followup.



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  • hpandey
    07-03 02:35 PM
    Are you going to Mexico on a personal or official company business. If it is a personal visit I would advise you to wait until the H1b approval comes through.

    On the other hand if its an urgent company work then I would advise you to consult a lawyer and do what they say .





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  • gc67890
    11-17 10:34 AM
    Why are you so scared of posting by saying that this problem is with you. Why do you have to bring your friend in. If it is really for your friend, then why cant he come and ask himself.

    I wish I had a friend like you who will find answers to my immigration problems ....
    I am also your friend as you are also member of IV and we all are fighting for the same cause.

    I will also help you if there is a need and if I can.

    Please check my profile. I have filed my 485 on July 2nd and one of the few who was benefited thru IV flower campaign
    I have been a member in IV for a while and I have also made contributions.
    I am not afraid to speak out, Please reply if you know the answer.



    Thanks once again



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  • bingl
    04-16 11:02 AM
    thanks weaseley ....
    We are in Kansas....I did show the 485 receipt ....they said 'its just a receipt' not an approval....and so they can't use that. I'll try calling USCIS for the letter. I hope it works since I don't want to waste money on an EAD which I am not gonna use.





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  • vipatel3
    10-17 03:56 PM
    Hello Friends,

    I have not received my 485 and 140 , filing receipts . The documenst were mailed on 30 july to Texas Center. Anyone have any idea which the best way to get information on waiting time.



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  • gc_on_demand
    09-06 12:04 PM
    Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)

    When will, we EB3s (India), see some light at the end of the tunnel.

    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

    If you can try for it that will make your GC faster.





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  • sac-r-ten
    04-01 09:10 AM
    Already got it....last September. Thanks for asking.


    Congrats to GreenGuru. and thanks for sharing all the information.

    IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.

    cheers/



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  • gene-O
    10-20 06:18 PM
    1. What's been done I'm fully aware of and I'm NOT asking to confirm the current state of this.
    2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar.
    3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.





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  • little_willy
    09-14 03:41 PM
    Just heard the ad on this radio. concise and to the point, I would have preferred a more serious voice though.

    Great work IV!



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  • thescadaman
    11-04 09:23 AM
    A little over a months time, I received a letter saying that the typo on my last name has been corrected. I could confirm that since the mailing address had all the correct details.

    Hence, I guess, their typo correction system is a bit slow but it works!

    ISSUE RESOLVED!





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  • namm80
    01-10 04:42 PM
    So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.

    The two processes Name check & FP are parallel, not sequential.

    I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)

    USCIS works in strange ways...i may be using logic that's beyond their IQ :)

    Take it easy...

    Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.

    Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)

    took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.

    good luck to you!



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  • vikram_singh
    07-27 01:02 PM
    Wow, never thought you people would like it:-)
    Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.

    You can also leave feedback at http://immisearch.blogspot.com/

    -Vikram





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  • varumo_varatho
    11-08 10:43 AM
    Speaking of my personal experience, Yes, you can get an emergency appointment as returning h1b's are eligible for such appointments. Just send an email directly to the consulate and request for emergency appointment stating that you have to return to your project. I have done it before

    It is advisable to carry all the LCA's, just in case, though the VO might just look at the current one. I am sure you will be taking all the other docs required.

    Best of luck

    cheers !



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  • greencardvow
    08-03 07:12 PM
    This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.

    If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.

    Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.

    The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.

    Reason: Employer didn't follow labor rules in paying for some of the other employees.





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  • desi3933
    03-03 12:30 PM
    Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.

    Its not even for ENTIRE employment based category either.

    As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.

    PD can NOT be ported for EB-4 and EB-5 either.

    __________________
    Not a legal advice.





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  • gsc999
    01-18 01:35 PM
    Needhelp, new year greetings!

    Its a team effort, nandakumar, abhijit and few others are behind this new effort. You will see, as the day progresses.


    Wonderful news!
    And gsc is back with a bang!





    bkarnik
    05-11 02:28 PM
    For people like us in the far flung areas, it would be helpful if IV posts a transcript or better yet record the event and make it available online so that we can at least feel like we have participated :) Just an idea.





    shreekhand
    08-03 12:45 AM
    FYI - Those "guide lines" are known as CFR - Code of Federal Regulations based on US Code (The Law). There is not much they can do outside of a clear CFR.

    If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.

    But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.



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