Friday, July 1, 2011

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  • CADude
    09-26 12:12 PM
    Good Luck. We will make difference for remaining July 2nd filer.
    Attorney via AILA can make a difference, if he/she wish so. I can't even contact my own attorney. crap company policy.

    OK,

    July 2nd filer and hear nothing.

    Faxed congressman’s office yesterday (Tuesday) morning. The immigration staff called back right for more information. She said she would make an inquiry through her channel.

    She called me just now (Wednesday morning): my application is lost – meaning USCIS can’t locate me in their system. This is not new. She probably just called the USCIS customer service line but they can’t say crap like call back after 90 to 120 days. The staff was told that USCIS asked to give them a week to do some inquiry into their system and she will call me back next Wednesday.

    On Monday, my attorney has sent an inquiry to the local Senator’s office on the 4 pending cases he has filed. Not heard anything back yet.

    Given all the crap I have heard from USCIS customer service, I have NOT made a single call. That would have not made any difference on the fact I am not on the system anyway.

    Will post back if there is development.





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  • manderson
    01-24 03:26 PM
    You forgot blood, urine and DNA samples.
    :D

    Looks like they forgot to ask to attach the following :):):):)

    1) Copies of all your certificates
    2) Your latest offer letter
    3) Pay stubs for last six months
    4) Tax returns
    5) Letter of introduction from the employer
    6) Latest Resume
    7) 3 Recommendation letters
    8) Family photo with Mother, Father, spouse, kids , siblings. While background, taken less than 6 months ago. Frontal view :)

    Avoid them at all costs....





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  • n_2006
    11-20 07:43 PM
    How come others are stupid and you are not? They did the same thing what you did. They also thought they can make some money by selling their house in few years. They are stupid because they took ARM loans? Or foreclosed before you? Did you thought about consequences before buying the house?

    Yep. You are wise. All others are stupid.

    Thanks for the feedback so far from people on this group.
    Answering to the question about making bad decision and having a good job..well it is not my bad decision that has brought down the whole market but the banks and stupid people who took loan and didnt knew the consequences of ARM loans and then started filing for foreclosure.. because of those foreclosures the property rates have went down and i cannot get what i paid for the house.
    if this whole mess was not there then anyone can find a good job and sell his house, if not profit then atleast with no loss..

    i hope u got my point..





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  • anilsal
    01-26 12:24 AM
    http://www.britainusa.com/visas/articles_show_nt1.asp?i=65025&L1=41000&a=41448



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  • mohican
    12-31 04:44 PM
    NEED HELP!!! what are my options?

    I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.

    I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).

    The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:

    1. Is any one in similar situation?
    2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
    3. if my employer were to file a PERM labor application--can I port my previous priority date?

    Mohican



    Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal

    ***********
    CIS issuing illegal AOS denials based on I-140 revocations

    Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
    These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
    been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
    continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.

    Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.





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  • India_USA
    12-16 09:13 AM
    File a 7001 form with the Ombudsman's office. If I remember right, IV had sent in a recommendation for the USCIS to send GC in secure mail.
    An official complaint (instead of just email to ombudsman's office) will reassert IV's recommendation.



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  • aquarianf
    06-15 12:27 PM
    I am going for concurrent 140 & 485. Can I apply for EAD and AP now? or do I need to have my 140 cleared before I can apply for EAD and AP?


    yes you can apply both





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  • pappu
    06-21 08:14 AM
    Another answer from Rajiv Khanna: on multiple 485s
    I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.



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  • kewlchap
    10-12 05:06 PM
    Folks, it is columbus day today and federal offices are closed.. Relax. You will be able to do POJ tomorrow onwards again.





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  • delhiguy79
    12-13 08:50 AM
    Hi Canadian_Dream,

    Congratulations on 485 approval...

    Can you please brief us abt the priority dates, ur country of all applications. And also plz tell whether you had same A#s on both 485 applications.

    It will be really helpful for us...Thanks in advance.

    Pappu,
    I agree with you on this, there is some truth to this that there could be delays when there are multiple filings. In fact this is the first time when USCIS has to deal with so many multiple filings, a very few lawyers have any direct experience with it. From USCIS Standard Operating Procedure, there is a mention of "second filing" (not duplicate filing) in the following places:
    1. Procedural Overview (Page 4)
    2. File Review (Page 46)
    3. Interview Waiver Criteria (Page 185)
    http://www.ilw.com/seminars/august2002_citation2b.pdf
    From the link above:
    In (1) and (2) above it says second filing should be handled under the normal process. Although if different A# are assigned case goes to CRU (case resolution unit). But if A# assigned are same, you are more or less processed like a normal case. The last part (3) interview waiver criteria, multiple filing is mentioned as one of the deviations from interview waiver criteria but it NOT the interview criteria itself. In the end processing time for multiple filing is very much up to the discretion of adjudicating officer. Also, I didn't find any reason to believe that there could be issues with security check with multiple filings.
    I think all of us multiple filers can breathe easy if our cases are filed clearly with full disclosure of information without any intended willful violation.

    I am a multiple filer too, my I-485 application filed in early June was approved last week. I hope this gives some reason for optimism for us multiple filers. Good luck to everyone. BTW: I am still a contributing member and will continue to hang out at IV.



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  • spaceguy
    08-23 09:00 AM
    We have sent 2 magicjack's to India, one at my parents and one at in-laws....they need to have a computer and high speed internet access there. For the first yr it is costing us $40 per yr each and starting 2nd year it will cost us $20 per yr each. They call us all the time now and calls are crystal clear and you can't beat $40/year price.

    because
    1. With MagicJack You need to pay internet connection charges in India and need to have computer and run computer always

    2. With Vonage you can call any number in India





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  • BharatPremi
    09-24 10:51 PM
    Eb3. I have only applied for PERM in eb2 still waitng for perm to get approved

    I am really confused. You have EB3 based 485. Are you working on EAD or on H1?



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  • trueguy
    08-21 12:22 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.


    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............


    EB3 -

    (3) Skilled workers, professionals, and other workers.-


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........


    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.





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  • chanduv23
    09-17 01:19 PM
    Not many approvals in the last couple of days :(

    I guess very few pending.



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  • indio0617
    12-31 03:19 PM
    Any member from IIT Bombay, please contact me ASAP.

    We have a very important lead to work with.


    SJ:

    I have left messages for both my cousins. Apparently they are both on vacation, but I hope to hook up with them within the next few days. I am sure both will have excellent connections in IIT (B) circles.





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  • DreamGC
    09-10 09:30 AM
    I called the following Representatives and left a message for all of them.

    Lamar S. Smith, Texas (202) 225-4236 Left Message
    Jim Sensenbrenner, Wisconsin (202) 225-5101 Left Message
    Howard Coble, North Carolina (202) 225-3065 Left Message
    Elton Gallegly, California (202) 225-5811 Left Message
    Bob Goodlatte, Virginia (202) 225-5431 Left Message
    Steve Chabot, Ohio (202) 225-2216 Left Message
    Dan Lungren, California (202) 225-5716 Left Message
    Chris Cannon, Utah (202) 225-7751 Left Message
    Ric Keller, Florida (202) 225-2176 Left Message
    Darrell Issa, California (202) 225-3906 Left Message
    Mike Pence, Indiana (202) 225-3021 Left Message
    Randy Forbes, Virginia (202) 225-6365 Left Message
    Tom Feeney, Florida (202) 225-2706 Left Message
    Trent Franks, Arizona (202) 225-4576 Left Message
    Louie Gohmert, Texas (202) 225-3035 Left Message
    Jim Jordan, Ohio (202) 225-2676 Left Message



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  • newtoearth
    06-16 03:25 PM
    But you have put your post in the forum and in this thread. You didn't send him PM.

    It seems, you have no answers to my questions in mentioned in the post. That's why you have chosen personal attack.

    Have a good day!

    I addressed it to OP, are you same?





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  • Techieforever
    08-17 11:32 AM
    Hi guys

    Just now (12.30 PM EST) I got a mail from USCIS saying your application has been approved. I didn't do anything (never opened SR or contacted Senator) but last week I did had an info pass appointment which was useless. MY PD was Feb 2005 EB2 INDIA (The fun part is My AP and EAD are still pending for over 4 months)
    Wish you good luck guys

    Thanks again





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  • gbof
    08-17 02:02 PM
    Thanks gbof and Anil for replying...

    I raised SR on Aug 12th..No Response Yet...

    Infopass appointment said that my file got assigned to Examination officer on Aug 4th...Not sure if Examination Officer and IO are same or not...

    But the real kicker is i got second FP on July 26th, 2010 for Code 1...I didnt see any LUD after second FP...I am guessing this is where i am stuck with second time name check or back ground check verifications...

    Also is it good to go for DHS 7001 form right way...i mean ombudsman request...

    Donot worry about FP....2nd FP is not absolute must.....there are too many approvals without 2fp. Just hold on and you will get the mail outta blue.
    BTW: I had 3 FPs, in sep07, june09 and dec09. They had somehow alloted 2A#s and each generated fp. Finally, they consolidated A#s.....Hopefully, my next posting 'll be after I get cards in hand (hopefully, those are waiting for me in my mail-box, today) this evening :D:D





    Greatdesi
    08-19 10:28 PM
    This is the email I got.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Post Decision Activity

    On August 19, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    There is no change in my wife's 485 status. But her EAD is approved. There is no mention of card production in the email. Looks like lot of people got the CPO email directly with post decision activity. Can somebody confirm the sequence in which it happens? How long does it take for the card to arrive? How long will it take for my wife's 485?





    Wendyzhu77
    08-21 11:04 AM
    I don't think it will do much good sueing uscis on this issue. The point is, they have the legal authority to be the one interporating the law. So, if there is "gray area" in the law, the law says it is their understanding that matters, not ours or any one else's. So, unless the law very specifically says it must be done in another way, you can not argue uscis did the wrong thing.
    Now that we see the immigration law does not very specifically regulate how the flow should be like, so uscis have the authority to "understand the intention of the law" and act accordingly. You can't say you think the law means otherwise and thus sue uscis, because that argument makes no sense to the court. The court will only accept the argument when the government is apparently acting against the law.
    Absolutely, I have seen misleading comments especially from EB2 guys. EB3 have to do something otherwise there is no future for us here. Now EB2 line will never end bcoz all new applications will come as EB2. Hoping for spillover after EB2-I becomes current is just a dream now that never comes true.



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