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  • arunmohan
    08-08 06:20 PM
    Group:

    Please vote this poll. I am ready to any kind of support. We have to do something for EB3.





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  • casinoroyale
    02-06 09:11 PM
    >IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???

    No. Its all the same 221(g) or Administrative Processing.





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  • go_gc_way
    02-09 12:46 PM
    franklin...good thread.

    Just would like to request you and others who are responding to this thread...to take a look at the following thread.

    http://immigrationvoice.org/forum/showthread.php?t=2700

    This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.

    This is going to increase IV membership too.





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  • jsb
    12-16 09:10 AM
    Any of got approved based on this memo ?

    I talked to my lawyers. They said that the first time it didn't work. As this memo is recent, they still have to see its usefulness. Perhaps, the problem is that even if A# are provided to USCIS offices, they can't find where those (physical) files are. Nothing can be done unless files are seen by adjudicators.

    Note that cases (family and employment) other than for identified 3 or 4 countries, PD is not an issue. So for USCIS it is not as big of a problem as it is for us.



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  • Templarian
    01-01 07:06 PM
    ^That's a good idea glosrfc, AS3 only should be added to the guidelines.

    jk/ing... actually not, but it would sound mean if I wasn't





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  • prasadn
    01-07 07:20 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

    Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.

    "Status" and "visa" are two different things. A "visa" is only required for entry to the US.
    I am not sure if the earlier denial of visa stamping will have an affect on a COS application.



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  • suriajay12
    03-26 09:05 AM
    I voted up the Immigration questions.

    Looks like the Anti-Immigration folks are trying to vote down our questions.

    - JK

    Voted UP for anything to do with legal immigraiton. 3-4 more hours its open.





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  • abhisam
    07-09 11:59 AM
    How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?

    As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.

    I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?

    I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.



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  • crazyghoda
    01-21 01:26 PM
    You have absolutely nothing to worry about. I left one job on Nov 24th and joined my next on Dec 6th (almost 2 weeks). I willingly took a break since I was moving to a new city and needed time to check out neighborhoods and find a new apartment, etc.
    If you didnt move, just say you needed to take a break and spend time with family or travel around or whatever. Most americans i know take atleast a week or 2 off between jobs so its perfectly normal.





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  • dontcareanymore
    08-05 12:39 PM
    similar sit and my 485 was accepted with older pd!
    what you say maybe true, but pls don't say it so confidently unless your are an attorney!

    Do you care to provide details ?
    Is it possible that you were eligible to file I485 with other (Latest) PD as well and they are considering the recapture request ??



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  • morchu
    06-02 09:58 AM
    Don't be offended by these RFE's. USCIS officers are just doing what they were told to do (doing their job).

    I understand that the marriage ties of Indians are very strong. But we are in America, and the proof they are asking is to show that the marriage is still in good trust (a marriage certificate is not enough proof for that).

    Same with birth certificate. Americans are used to giving extreme importance to birth certificates, and in India, we never had to use birth certificate as a supporting documentation. So when you don't have a birth certificate, or when the birth certificate was issues recently, they are asking for secondary documentation.

    In the rfe I received both for my wife and myself I was asked to resubmit affidavit with full names of the parents. Also was asked to produce bonafide marriage documents. It is very stressful. I could not believe why I need to provide bonafied marriage document. If I am not married to my wife, how she got her H4? I could not believe my birth certificate is haunting me this way. Any of our school records mentions mother and father names. I am going to produce affidavit again with full names and try my luck again.





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  • swede
    08-23 11:41 AM
    USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.

    I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
    For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
    And why can people get a new drivers license or hide in another state from where the drivers license was issued?

    The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
    So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.



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  • chanduv23
    12-08 06:45 PM
    Come on folks, time for some contributions.....





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  • transpass
    08-01 12:42 PM
    I am pleasantly surprised and would like to thank Sen Menendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.

    This is just my thinking...

    Sen Menendez vigorously supports family based immigration...I watched the failed comprehensive immigration debate on senate floor almost in its entirety. There, he was like a lone warrior arguing against the senators (Like Sessions) who said CIR bill encourages chain migration, etc...He was totally supporting visas that enable family reunions.

    hr 5882 supports recapture of lost family based visas along with those of employment based. So no surprise Sen Menendez introduced the senate version of the house bill...And that's good for us...and we will take it...



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  • gopi246
    03-20 02:43 PM
    IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
    If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.

    Hope this helps. Good Luck.

    Thanks a lot. Your inputs are very informative. I will try it out again. Thank you once again.





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  • rharan
    05-02 02:29 PM
    Hello All,

    My RIR (EB3) is still pending and the PD is Nov 2004.

    My Perm (EB3) got approved April 2007.

    Now I'm on 7th year H1b based on my RIR date.

    If i file 140 based PERM and PD will be april 2007, If approved I'm eligible for 3 years H1 extension.

    What happen if my RIR got approved? Can I file another I140 and retain my PD as Nov 2004?

    Pl. advice.

    Thanks



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  • CantLeaveAmerica
    04-16 02:06 PM
    I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!

    Hi,
    I used to live in Dallas, TX before. Flower Mound is an excellent place, great school district if u have kids, lovely houses and residential community, close to both DFW airport and Grapevine Mills Mall...u couldnt ask for a better place!





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  • sundar99
    02-12 01:59 AM
    Folks,

    Personalised emails will add lot off value, sending mass faxes would create more business for Fellowes in selling more shredder. I woud request u to think again before you guys spam the offices





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  • mrdelhiite
    07-26 02:29 PM
    Thanks for your answers. I have already asked my friend to join IV.

    Is there anyone who has recently filed labor - PERM ? Can you share your experience?


    -M





    GCSOON-Ihope
    06-14 04:57 PM
    On what basis does I-485 get processed?
    Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:

    Or by luck of the draw?:cool:


    The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...





    sai2005
    03-06 04:22 PM
    ALL Gurus,

    My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.

    Issue Details:
    1) Applied GC EB2-RIR on JAN 2005
    2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
    3) Received EAD and AP for both myself and my Wife.
    2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
    3) Responded to RFE with mentioned documents on Jan 30th 2008
    4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
    5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
    6) My wife is on H1b Visa.

    Questions based on my Issue:
    1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
    so please advice on how to retain my status.
    2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
    3) Can I apply for a new Labor (PERM)? If YES:
    1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
    2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
    4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
    5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?

    I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.

    Thanks



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