Thursday, June 9, 2011

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  • ameryki
    02-27 09:03 PM
    I resubmitted my I-485 petition sometime Nov 2008. So far no receipt, made a query with USCIS. Now I got letter from USCIS saying that they did not found my package, they want me resubmit with all the evidence and previous of copy of application.

    We have been planning to go to India and get it stamped since we are in 6th year. My company is such a lowsy company (If god is there, he should punish this BLOOD SUCKING TECHNOLOGIES COMPANY HEAVILY) they will take resubmittal of 485 for another couple of months.

    Should I have to wait some more time and just send family for their trip mean time? Write letter to OmBudsman....


    mate have you heard of thread hijacking? anyways looks like you have a weird one...when you say "resubmitted" it seems like they have lost your application once before as well? How are they accepting 485 application for you? what category are you in and whats your pd?




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  • kapil_jn
    09-07 11:26 AM
    Have sent the details.

    And forwarded the mail to FL yahoo group as well.




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  • cptbaseball
    05-14 11:22 AM
    Hi attorneys,

    I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.

    Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?

    Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?

    Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???

    Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?

    Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?

    Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?

    Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?




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  • seeking_GC
    07-11 10:56 PM
    This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......


    http://www.usimmlaw.com/current_information.htm


    Copying the contents of the website below :


    Visa numbers WERE available July 2nd!!
    We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!

    In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!

    So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.

    USCIS did not use all visa numbers before July 2nd.

    Did USCIS actually use the visa numbers it requested????
    Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.

    In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.

    However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.

    We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!



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  • doknek
    09-04 11:27 AM
    Yes, if lawyer/employer creates an account for employee OR gives employee username/password to access the system




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  • immiguy
    07-20 04:35 PM
    Same question. My friend is pregnant and wants to deliver the baby in India. They have filed for AoS now. Howevr they are not sure how to bring ther baby in if they deliver in India.



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  • Green.Tech
    06-19 01:56 PM
    Bump.




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  • pappu
    10-01 12:21 PM
    I suggest reading the documents uploaded here.
    http://immigrationvoice.org/forum/showthread.php?t=5049
    I will be uploading some more documents related to I485 processing later today



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  • Madhuri
    04-08 07:24 PM
    Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.

    Anybody in the same situation?




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  • binadh
    10-15 03:23 PM
    Just gotta call from the lawyer's office. PERM is approved today after more than 15 months. :D

    Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.

    Original filing - Jun 17th 07
    Query response - Nov 2nd 07
    Approved - today
    Filed at Atlanta service center
    EB2 ROW

    Thanks.



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  • javadeveloper
    09-27 04:30 PM
    Hi All,

    I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?

    I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
    Thank you very much.

    -------------------------------------------------------------
    EB1 ROW
    PD: 08/2006
    140: approved in 06/2007 (NSC)
    485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    FP notice recieved on 09/24/07
    FP appointment (self and spouse): 10/16/07

    I have same issue:

    My paralegals response:
    He gave USCIS's Ph# and asked me to call them

    USCIS's response:
    Don't worry , during 485's approval time USCIS will find that I have two A#'s and consolidate those two numbers.

    Now as per other members , do I need to raise this issue with IO at the time of Finger printing??? If we do what we can expect from IO at FP office?




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  • arjunpa
    08-18 10:32 AM
    Hello

    Case details
    --Lay off with Employer A happened in April and I was without a job for a couple of months
    --I have a valid Visa with employer A until April 2010.
    --Finally found a job as a consultant, employer B applied for my H1B.
    --RFE has been answered with sufficient documents and awaiting a response.

    Question
    I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.

    Please advice.
    Thanks!



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  • paskal
    12-20 11:55 PM
    Thanks Anil,
    Please also update us on IL activities that you guys have planned




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  • eager_immi
    07-19 05:24 PM
    She should go on h4. If she wants her ead she can file once you get AOS receipt No. unless u alreaqy filed for it. If u already filed for her ead you should still wait for her to quit her h1 job till the ead comes through.

    Can someone give me answer for the second question:
    2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).



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  • mdforgc
    04-07 08:46 PM
    Guys
    I think this is the time we have to work on the house conference committee members to the best. This is where we are gonna have probs. Core guys-- Can we step up some campaign for this- what is QGAs take on this? Dont mak eit public if it is sensitive.




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  • aviv
    10-01 11:46 AM
    Once your Priority date of a category is current and namechecks are cleared, it is First in first out within the country quota. At that time, earlier priority dates do not matter at all. What matters is how early you applied for your I485 (date the application was physically received by the center, and not the date a notice was sent).

    Not sure how much, but PDs do matter. My is EB2 / India /July 2003 and thimgs are moving fast. I am a TSC 2nd july filer. Got my EADs, AP, fingerprint doen, LUDs etc

    Also, they messed up my first EAD appl by putting down Country of Birth as USA so I reapplied on 9/14, checks were cashed on 9/19 and Card production ordered on 9/28. I'm no expert but looking at others in the same scanrio mine seems to be moving, maybe its because of the pirority date?



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  • gc007
    11-19 01:24 PM
    I have recently returned using AP. I had 3 APs and the officer took one and returned 2 back to me. Both were stamped and the officer told me that for my next trip I can use the 2 APs with me. And also that I need not submit any AP on my next trip back.




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  • ilikekilo
    04-22 02:06 PM
    Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.

    --One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and

    --Is it advisable to get my H01 filed at this time?
    --What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
    --What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.

    Please suggest. Thanks
    my 2 cents

    Please be mindful if you are applying from home thru' so called consultancies. I have seen (not heard) enough cases being abused...

    bottomline, dont fall for something if it sounds too good to be true. you dont want to become a statistic! good luck..

    last but not least, its really bad out here..so dont jump the ship just yet




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  • NKR
    06-11 08:13 AM
    I had to reclaim all the days that I was outside the country for my 7th year H1 Extension. I submitted photocopies of all the stampings on my passport. Please note that the passport will be stamped upon arrival here and upon departure/arrival in India. That should be sufficient evidence for proof your valid stay here.




    rbalaji5
    11-29 07:51 PM
    Gurus,

    Guide me. I am planning to apply for Canada Green Card (Permanent Resident). What I am going to do is.

    1) Just download the application forms from Application for Permanent Residence in Canada [IMM 0008SW] from the website and just apply without any representative

    Question is

    1) Do I need a representative as this is a backup to US GC.
    2) I dont have any Canadian temp work visa
    3) How much bank Balance I need ?

    Please clarify




    martinvisalaw
    06-25 08:50 AM
    Hi,

    I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".

    I am not working with the company anymore but I am on their payroll till July 21st 2009.
    I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.

    My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.

    Do you think it will work and it won't cause any problems to my petition?
    What other options do I have ?

    Thanks in advance!

    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.



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