Friday, June 10, 2011

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  • hariswaminathan
    01-10 02:57 PM
    Its been 5 months , I'vent recieved the FP for myself. My case status still shows "The case has been transferred to Nebraska etc etc.."

    Anybody in the same shoes?


    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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  • tikka
    07-06 11:44 AM
    If I have approved LC and I140, can't i get 1yr (or if PD dates are retrogressed get 3yr) H1 extension??


    if dates are retrogessed you get 3 year extensions..
    if they are not then you apply for 485 :)





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  • san3297
    11-10 03:56 PM
    This is my first time too coming across such a rfe. I really dont know if this kind of rfe was issued before.I called USCIS but as always they are saying send all the docs mentioned in rfe. My attorney is saying we will send them originals and transcripts. Dont know exaclty if they are doing an educational evaluation.Would like to see any attorneys suggestion on how to deal with this.





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  • msyedy
    02-08 01:10 PM
    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.

    The letter talks about VISA application registration. To file for I-485 you need a visa number available for you. The letter states that you currently have one and you should apply...meaning file (1-485 form which is Application To Register Permanent Residence or Adjust Status) within one year from the date of the letter.

    Registration itself means a visa number will be unvailable and you cannot use your old PD. You have only one year from the date of letter to use the visa number with that PD.

    You should get your new labor approval within this one year limit and can file for I-485. I suggest that you should file perm because you never know when the BPC will approve that labor. Perm max will be approved in 6 months time(Most case)

    In the end you trust your attorney. Talk to a good lawyer...



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  • rajeshalex
    11-27 04:56 PM
    U can get the tracking nummber /case number from the lawyer . But you can not get any details from USCIS since 140 is owned by company.

    However if the company has received a140 receipt then the receipt will have
    the beneficiary name

    If u are the beneficiary then u can take an infopass with uscis and get the information from the case number
    Rajesh





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  • Dustinthewind
    01-04 12:33 AM
    Everyone -

    I've been going through my own immigration issues like everyone else in this forum. It is really sad to see that immigration bills such as the Visa Re-Capture and others that would have been greatly beneficial to us are making little to no progress. I've been thinking about a way to make a difference for a long time but felt helpless.

    It is difficult to shed light on our problems in the media in a way that others (who are not in our situation) can at-least think about the struggles we go through. I'm sure everyone has been contributing in their own way to make our voices heard.

    Today, I'm happy to share our small contribution to our issues. We are making a film called "Promise Land" to be released in Spring/Summer 2011 time frame. It's about the struggles that immigrants go through despite being legal and following the law. The film has multiple story lines dealing with family based immigration and employment based immigration.

    Of course we would love to tell everyone's stories, but in 1 hour 30 mins we can only do so much. So we have attempted to share stories from our personal experience.

    I hope that this movie is at-least a step in the right direction. We just released the trailer on Saturday. You can watch it at:
    Videos Posted by Promise Land: Promise Land First Look Teaser [HD] | Facebook (http://www.facebook.com/video/video.php?v=911423233492)

    OR on You Tube at:

    YouTube - Promise Land First Look Teaser (http://www.youtube.com/watch?v=B7b3YogQ06M&hd=1)

    Please show your support for this film by clicking on "Like" at Promise Land | Facebook (http://www.facebook.com/PromiseLandFilm)

    Thank you so much. I appreciate it.

    I wish everyone Happy New Year and hope that the day when you won't have to worry about immigration issues is just around the corner.



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  • raju6855
    02-07 12:59 PM
    Try calling the DOS and explaining then what's going on and see who you can call to check the status next.

    The lawyers email is text book response and may not help you much.

    If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!





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  • micofrost
    07-12 01:34 AM
    "We continue to pay for Your Social Security
    But the presidency gives illegals over legals more priority"



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  • tnite
    08-09 10:39 PM
    bump





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  • nk2
    06-17 12:15 PM
    There are a lot of IV members whose labor is not approved yet (like me) or did not have their 140 filed as of May 15.



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  • Ann Ruben
    06-29 03:00 PM
    Note that you cannot legally be required to reimburse certain immigration fees such as the $1500 or $750 ACWIA fee. Also,you cannot legally be required to reimburse USCIS filing fees and/or immigration related legal fees which, when subtracted from your salary, bring your salary below the required LCA wage.





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  • VivekAhuja
    02-20 03:45 PM
    GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.



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  • psaxena
    06-23 03:11 PM
    and how do you know that.. did Rush tell ya???

    Still unlikely I would not take a word from Gibbs. He never knows anything.





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  • EkAurAaya
    03-19 09:43 PM
    Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.

    Thanks for your response. My understanding was the same as yours, however this came from my real estate lawyer (a good one). May be he misunderstood resident alien v/s foreigner investing here.

    I still would like to hear from someone who actually sold a place on h1 or ead their experience.



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  • WaitingForMyGC
    01-23 10:53 AM
    They don't mean anything..no dates ever meant anything to USCIS. :-)





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  • maverick_iv
    12-05 09:35 PM
    Don't think there is any need to take your kid along. Other than avoiding the postal delay, applying in person has no other advantages. The person sitting in the counter would double check your docs and accept the application and would give the standard response that it would take 45 days. If you had done your homework, you don't have to worry about another person checking your docs.

    Other tips for folks going to the DC embassy:
    - None of the phone numbers would be answered.
    - At the counter there would three phone numbers listed for PIO/OCI queries(no mention of those in the website) - but you won't be able to get anyone on those lines either.
    - What is really helpful is that everyday between 12.30 and 1pm, you could get into the main building of the embassy for PIO/OCI queries.
    - The person approving the PIOs is Mr. Natesan - a very helpful and patient chap.
    - Once you get into the office, you'll have a story to tell on how PIOs are processed. You would notice a number of USPS tubs full of PIO applns in the corridor with folks trying to look and pull their applns out.
    - Regardless, if you have a pending appln, you could explain the situation and request for the PIO to be issued the same day. The folks in the PIO section are very cooperative - there were about 12-13 people on the day that I went in - Almost all of them got it on the same day regardless of when they applied.

    Harikris - My suggestion to you is to mail your application right away and take a trip to the DC embassy a week or two later. If you want to, you could apply in person and try your luck the same day.

    Hi,

    Thanks for your response.
    AFAIK, there is no tatkal or emergency type of service for PIO card - atleast not at Washington DC which is our jurisdiction.

    My company surprised all it's employees with a 2 week of paid X-Mas holidays. Hence the need for PIO card asap. Hence the reasoning for going and applying in person. So, do i absolutely need to take the kid? I don't see any reason why i should. But better to check with ppl that have first hand experience in submitting the application in person at the Embassy counter.

    Thanks for the idea on the thumb impressions. That helps.



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  • gc28262
    03-26 09:28 PM
    I never heard this? Any references to confirm this?

    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf

    The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.

    http://smithgarg.com/article-overcoming-violations.aspx

    Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.





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  • indyanguy
    12-18 08:15 PM
    Gurus,

    Which is more reliable / popular, scottrade.com OR scottradeR.com ?

    scottrade.com





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  • das0
    06-16 02:44 PM
    Predierock,

    Can you please adivse on the following:

    My wife is currently on H4.

    She has a H1b approved for 3 years to start working on October 1, 2007.

    Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.

    She has a job and the company would like her join asap.

    Questions are:

    1. Will her EAD (I-485 pending) cancel her H1B approval for the company?

    2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?

    We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.

    Please advise folks.





    satishku_2000
    10-05 07:03 PM
    "How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?"

    Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.

    Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...

    One can present a contradictory argument much more eloquently too.

    You have to keep in my mind that "there is no premium processing available for 140 now".

    Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....

    Good luck with your journey .. you have a pretty long road ahead of ya





    Roger Binny
    01-25 09:06 PM
    Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.

    Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.

    +1 and simply awesome.



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