Friday, June 10, 2011

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  • jonty_11
    02-14 03:59 PM
    This is where the whole Retro mess starts, people trying to bypass the system. Read the Requirements and if your employer/attorney thinks u qualify , u do otherwise, dont screw up the system.




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  • prdgl
    02-19 09:06 PM
    I have been thinking lately about the CIR and SKIL bills.

    Though I did read some of the benifits of SKIL bill, I am not sure what's the reality is going to be IF Skil bill is passed.

    Will the advanced degree holders (even in EB3) will get to apply for I-485 immediately. IF not, is it just that its going to raise the number of visas per country. If so, anybody know how much of raise in visa numbers its going to happen.

    Also how far are we from this CIR or SKIL bill being passed ?

    any thoughts




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  • sGC
    08-08 04:50 PM
    Hi

    Recently we went for interview and they requested a PCC for my wife since her finger prints were non classiable. So i have contacted my local city police and they have requested to contact the nj state police. The nj state police has requested a fill out a form with all the details anf they took the finger prints. my question is since the finger prints taken were non classifiable earlier how are these FP's taken by the state police going to help them. do i have to do anything else? has any one been in the same situation?

    thanks




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  • neelu
    09-15 03:32 AM
    Hello,

    I apologize in advance, if I should have posted in a different thread - if so please let me know and I can post there (and admins can delete this one).

    My priority date from Perm is Feb 2006. But I have an earlier priority date of Jan 2005 (I-140 approved). I dont know if that earlier date has been applied to my I-485 (which is based on the Perm labor). My case is in NSC.

    After seeing the October VB (acc to which my RIR PD becomes current in Oct), I opened an SR to see if they interfiled my two cases. I got a letter in the mail from USCIS, but no reponse in it to my question. Instead it states the following:

    "The status of this service request is:

    Your case is currently being prepared for review. If further information is needed, you will be contacted. Continue to check the USCIS website for case status updates."

    A few questions:

    1) What does "being prepared for review" mean? Should I expect more RFEs? We had responded to Medical RFEs in April this year.

    2) How can I make sure that my two cases are combined?

    3) Is there any preparatory action I can take before October 1st?

    I would appreciate your comments and advice on the above.

    Thank you in advance.



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  • eb3_nepa
    07-18 11:13 AM
    Ok then i volunteer to bump this thread :) Only problem is that still will not push thid topic way up.

    There was a suggestion to send flowers to the core team, let us instead send donations. I am SURE that the core team needs contributions more than flowers.

    Howzzat about the $5 contribution suggestion, with each contribution we lose some percentage as taxes and feees. I am not saying we contribute $10 EVERY month, but can the members not make a ONE TIME contribution of TEN DOLLARS?




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  • nashim
    08-14 03:26 PM
    After seeing this type of RFE, it looks like IO comes under EB10 category but fortunately/ unfortunately EB10 does not exist that’s why they fall under citizen category.



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  • SertTurk
    07-18 01:51 PM
    Hello,

    I am new to immigration talk so I might not use the right terms so I apoligize in advance. Here is our situation, my wife's green card case was approved 2 years ago but we are waiting for a visa number to become available.Our lawyer told her that we fall under the EB3 catagory.He also said our filing date is April2002 and the visa bulitin should show this date for us to get an invitation.
    My wife really really hates her job and would like to quit today but the lawyer is saying we can not get the green card if she quits. He also tells us she can not work for another company because then we would need to start everything from scratch.
    Can someone confirm this?
    Is there a solution?
    Does she have to keep working for this company forever?(seemslike EB3 dates arent moving)




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  • chanduv23
    09-14 06:53 AM
    LETS ALL STAND UP AND CHEER THE MOMENT - THE RALLY AND SURROUNDING EVENTS HAS OFFICIALLY BEGUN.

    FEW HOURS BACK OUR PROUD, SINCERE, HONEST AND DEDICATED MEMBERS VIJAY(SEAHAWKS) AND VANDANA(VANDANAVERDIA) STARTED THEIR LONG JOURNEY FROM THE SEATTLE TACOMA AIRPORT AND WILL BE FLYING INTO WASHINGTON DC LATER TODAY - THIS MARKS THE OFFICIAL START OF THIS HISTORIC EVENT.

    IV SALUTES ITS DEDICATED MEMBERS WHO ARE WORKING DAY AND NIGHT AND MAKING THIS EVENT A BIG SUCCESS

    A HUGE TURNOUT IS EXPECTED AND THIS WILL BE AN EVENT, IF MISSED, YOU WILL DEFINITELY REPENT.



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  • Singer
    10-21 11:10 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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  • veereddy
    04-14 12:09 PM
    Congratulations, enjoy freedom.



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  • nashdel
    04-06 11:26 PM
    I went to Delhi recently for emergency appointment. The person who replied to my email (within 12 hours) told me to call next morning.

    He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).

    You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.

    Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.

    After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.

    However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.

    She asked me to check status on line at NEw delhi embassy website.

    Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.

    I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.

    Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.

    By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.

    Hopefully that helps you in your difficult times.




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  • skynet2500
    11-19 02:45 PM
    Gurus, can you please let me know your opinion on the below item? thanks a lot.

    I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?



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  • candylady11
    01-26 04:03 PM
    I asked about taking money out of a salaried employees pay to cover the cost of payroll over-ride from hourly employees. If Manager doesn�t have a contract, never had one, and nothing in writing to say you will be responsible for hourly employees if payroll goes over employer�s budget, can he take the money from the managers pay to cover this over-ride? Do you think I will be right if I took legal action against this sort of Payroll-Robbery?




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  • GC_Optimist
    08-15 03:33 PM
    I received my Receipts now for I-485.Is there any process to expedite AP while filing .(based on family death). I'm applying for it now.



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  • whoever
    07-20 01:59 PM
    hey, so you got h4 by just producing marriage affidavit and not marriage certificate?




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  • chanduv23
    09-16 12:26 AM
    Is andy garcia and andy_8214 the same? Just wondering:rolleyes:

    Dunno - but we can find out from the IP logs - will not worry about this person



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  • munnu77
    09-29 03:59 PM
    HI,

    My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.

    I just want to prepare for the worst case. Can any one please help with some information.

    What are my options to get a H1B extension.

    Thank you,

    dont worry..it took my frnd almost 4 months




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  • gc_buddy
    12-02 01:06 AM
    We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005. ND is September 05, 2007.

    Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?


    Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.




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  • abheja
    12-21 07:29 PM
    I don't want you to freak out because my case is probably a very small fraction of the visa applications BUT since this thread is specifically related to PIMS, I thought I'd give you my example. Good news for you is, you are going to India. I was stuck in Canada not knowing long it might take for the PIMS to get updated. I ended up touring North Canada but I wish I could've traveled with a peace of mind.




    pointlesswait
    04-28 09:24 PM
    when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..

    finally i got the 140 from my employer..and my date was ported successfully..so its all good.


    Pointlesswait,

    Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.

    Thanks.




    americandesi
    09-06 02:38 PM
    1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days

    2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.

    3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.

    4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.

    5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)

    6) Issuing RFE for EAD biometrics even after completing biometrics.

    7) Issuing RFE for EAD biometrics without issuing biometrics notice.

    8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.

    9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.

    10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.

    11) CSR’s providing conflicting answers to the same question.

    12) Backward movement of processing times instead of forward movement.

    13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.

    14) Not sending the EAD physical cards on time even after the change in online status to CPO.

    15) IO’s at POE interpreting the usage of AP in different ways.

    16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.

    17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.

    18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.

    19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.

    20) Last but not the least, wasted visa numbers and growing backlog with increased fees.

    Sounds like our desi babus are better than these potato heads. God Bless America.



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