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  • greyhair
    09-30 05:12 PM
    I cracked up reading the post. I never really understood why they call us losers and locusts.

    Google translation maybe funny but i think the meaning of the post on Chinese forum is serious. When we giving money to IV which is working for everyone in the backlog, Chinese are only thinking for themselves. Scratch the, Chinese are not thinking for even themselves, they are cutting the same branch of the tree on which they are sitting. They are undermining the effort to address the green card backlog. They are trying to use fuzzy match to argue against removal of per country limits in the the process shooting themselves on the foot. If I understand their logic correctly, these Chinese are saying that we are ok if they have to wait in the backlog for years and years, as long as Indian don't get any benefit. That's just plain dumb for them to think like this.

    The other day someone posted that Chinese are calling Charles Oppenheim at DOS, asking him to not advance the dates of Indians, and rather only advance the dates of Chinese, which apparently backfired.

    I have many good friends from China and they are all very nice. But as a group why do we always see Chinese digging hole everywhere?




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  • amitga
    10-26 10:27 AM
    Hi Seniros

    My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
    Thank you

    Take a five month vacation between now and Apr 30, 2008 and go back to you home country for five months.. Then get you H1 extended for Five month after Apr 30, 2008 till Oct1, 2007. Then apply for extension on Oct 1, 2007. I think this might work. Check with your Attorney.




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  • swarnapuri
    07-09 09:04 AM
    There is a reason FOX interviewed this fucker... I'm not a big fan of FOX news; another set of conservative idiots.

    Do not use inappropriate words.




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  • a_yaja
    12-17 10:08 AM
    Dear Yaja,

    Thanks for your detailed response and i see that there is a valid point in yours.

    Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?

    Thanks in anticipation.

    Regards,
    Raj

    Yes - that should be good enough. You can tell the visa officer that you just joined the new employer and still do not have any paystubs from them. Get a letter from the new employer with the starting date. That should be good enough. Take all the paystubs from the old employer. Just be truthful and honest and don't worry - you should get your visa without any problem.



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  • m1801b
    09-10 01:28 AM
    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can�t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?




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  • Almond
    07-16 02:41 PM
    My I140 and 485 were filed in Dec'2006. I got my I140 approval notice (email alert from USCIS) last week.

    Yes, 6 months for the I40 is the usual wait time for that (the usual wait time at THIS time in history that is). It's the I485 that is a pain...



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  • pappu
    07-02 09:39 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
    Once you go out of the country without filing 485 or getting EAD after 485. Your 140 and LC is still valid (provided the employer has not cancelled it). If the job and position for you still exists in the company (and the company wants you for employment), you can file 485 from anywhere and go for councellor processing.




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  • Singer
    10-21 11:06 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer



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  • jthomas
    04-24 12:47 PM
    A Memorandum of Marriage is different from the Certificate of Marriage.
    A Memorandum of Marriage is required to obtain a Marriage Certificate.

    Here is a sample (Schedule A) of the Memorandum of Marriage.
    You will need to obtain one from your local Marriage Court.
    http://ncw.nic.in/compMarriageBill.pdf

    I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.

    To avoid the RFE, will it be okay to get registered at the local county in US?

    I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL




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  • mhtanim
    02-28 05:53 AM
    I am another one in the same situation.



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  • go_getter007
    12-20 11:45 AM
    From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.

    Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.

    GG_007

    PS: Not a lawyer, just my personal opinion.



    Hi.
    I have a question on whether Advance Parole is required for my wife to come back to the US.
    She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

    (Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

    Please advice




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  • s416504
    11-02 11:36 AM
    I heard under current USCIS procedures, USCIS scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD your are entitled to. (Multiple I140s with single I485).

    I am not sure if they port PDs with different categories. Like One have EB3- PD2004 & EB2- PD2008 so EB2 will be ported to PD2004. I think they have have stpooed this & USCIS has started assigning multiple priority dates depends upon category.



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  • GCBoy786
    09-13 09:23 AM
    Congrats! vempati...

    Guys, any update on receipts whose I-140 is approved at NSC and (R.MICKELS, 9:01, July 2nd)... I am still waiting on mine...




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  • shiankuraaf
    01-06 09:30 AM
    I gave you RED for a misleading title for this thread. Be nice and clear.

    Thanks for the REDs and as well the GREEN. Appreciate OP for changing the title and gave a green.

    Regarding prediction: No change what so ever.



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  • wandmaker
    08-03 11:04 AM
    How often is finger printing required/asked for during the 485 process.
    Thanks

    485 is pending and 15 months has passed since the last FP, you will receive a new FP notice. If you efile your EAD, you will receive a FP notice to get a FP & picture, which is different from 485 FP.




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  • Libra
    08-29 02:05 PM
    If you are before july fiasco and after july fiasco filer

    and resides in MN/WI/IL/OH/PA/IN

    http://immigrationvoice.org/forum/showthread.php?t=12599&page=3

    or resides in MA/VT/ME/RI/NH/CT

    http://immigrationvoice.org/forum/showthread.php?t=12628

    or resides in NC/SC/GA/ FL

    http://immigrationvoice.org/forum/showthread.php?t=12632

    or resides in tri-state

    http://immigrationvoice.org/forum/showthread.php?t=12567



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  • BumbleBee
    08-17 03:58 PM
    Unfortunately, So close, but so far.

    based on this URL
    http://www.immigration.com/fromtheagency/nsc112006.html
    it appears you might have missed the boat.

    This exact same thing happened to my package sent via USPS, I sent overnight and it still took 2 days to finally get in a person's hand, it was still on time to not have any negative consequences, but lesson learned, don't rely on USPS/UPS and don't wait till end, atleast have 5 days for mail delievery. I had nasty chat with my attorney to send my papers before he was planning to send, I am even planning to report to 'statewide bar association'. Lawyers knows ( or must know ) the importance of timely filling and its effect on families and their lives.

    Hope things go fine and they do accept the application.

    Cases filed by overnight courier

    On the other hand for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.

    Note: The package will be delivered to the Service Center P.O.Box even if the mailer is addressed to include the street address for the Service Enter with or without the P.O Box and this confirmed by the U.S Postal Service.




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  • sodh
    07-24 10:28 PM
    Passport is a travel document and has to be in order if you are travelling or have to stamp a Visa,but your I-94 has to valid when you are applying for AOS.




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  • kinvin
    03-17 10:21 AM
    Jay,

    You did a great job of the drive and many thanks to you!.

    "Help me Help you!"




    DSLStart
    10-02 09:07 AM
    He better shut up and not make fun of Indian accent. George Allen an senior senator from VA had to face defeat last election over his macaca comments.




    WaldenPond
    01-08 02:09 PM
    Good luck for us ; And to all the hard working guys ; i would like to help out in the best way ; i am mostly a follower not a leader ; please let me know if i can be of any help ; I live in Oregon, Portland ; i shall request my other friends to contribute for the cause.
    Thanks
    Anil.


    Thanks makino_a55, Your encouragement and contribution is very valuable for the success of this effort. At this time we do not have representation in Oregon, Portland and if you could please pass on the message to your friends, that will be of great help to the community.

    Regards,
    -WP



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