Monday, June 13, 2011

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  • jungalee43
    10-06 03:16 PM
    I am starting this thread after I experienced that CIS Ombudsman is actively helping EB as well as other immigrant community in getting their problems with USCIS resolved very quickly. We are fortunate to have such a platform to log our problems and get solution.
    I am sure many of us have received similar help from the office of CIS Ombudman. Please thank them.
    Thanks CIS Ombudsman for all your help.




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  • waitingimmigrant
    10-22 05:19 PM
    Thanks for the encouraging words Admin. We must unite in this journey together.
    God bless everyone !




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  • shortchanged
    08-17 08:38 AM
    In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
    Marriage Certificate is a must.
    Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
    A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
    Wish you all the best!




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  • unseenguy
    11-30 10:36 PM
    Thanks for the comment!

    I've done the entire process on my own untill today. I also did not have any lawyers involved in any of the misdemeanors. I do have documentation of all the cases. All cases are closed and I'm just paying the fines and have to put up with the probation. I spoke to a lawyer (first time I met with him) today and he advise me to pay him $600 to accompany me to the interview.

    Any take on the lawyer's advice? Or can I take the challenge on my own?

    Better to take a lawyer with you. He knows immigration law better than you do. At the most you stand to lose 600 bucks that way.



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  • snathan
    02-17 11:28 PM
    You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.

    Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1

    I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.

    So check with attorney.




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  • Lasantha
    06-19 02:14 PM
    ---
    Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.

    My understanding is that the body's reaction to a second TB test is severe.

    I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.

    It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.

    Of course it could be different in your case since you are already on meds. I just thought of letting you know.



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  • smuggymba
    03-14 08:28 AM
    Yes, some of them do.
    And depending on your luck/contacts/influence you might even extract an EB-1A out of them and get your GC in 6-9 months.

    All you need is a team of 2-3 people reporting to you and one project in europe/australia and you'll qualify for EB 1 as per Infy's rules.




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  • GumI485
    01-22 06:35 PM
    Thank you for representating us.


    God bless you all



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  • amalshe
    09-01 03:34 PM
    Hi everyone,

    I just thought of sharing this update on my case for the benefit all those whose apps were received by J Barrett at NSC.

    My checks got cashed last night. The details are below:
    Received by J Barrett at 10:25 AM at NSC
    Case was transferred to CSC and back of our checks show receipt #s as WACXXX
    I had an LUD on my approved I-140 on 7/28/07
    My I-140 was approved from TSC in May 2006
    My PD is Jan 2006; EB2-India

    Hope this helps.
    Good Luck to you all.




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  • wellwishergc
    04-05 08:01 AM
    Thank you for starting this thread.

    I still feel that we need a separate bill for legal immigration or some amendments to the existing law to ease our plight. Clubbing us together with issues of 'undocumented workers' have two possible outcomes:
    1) The bill does not clear at all. If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.
    2) The bill clears along with the provisions for the 'undocumented workers'. The USCIS is understaffed to handle the rush of applications that will flow in due to the passage of the bill, making the backlogs much more time-consuming than what it is today. Even though there would be enough visa numbers available, the wait times will nullify any mileage that is gained for legal immigration through the bill.

    I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.

    Any thoughts?

    All,
    I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
    freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.

    We should define ground rules for ourselves which will lead to efficient use of core members time:

    1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
    2) Keep one long thread without duplication.
    3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
    4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
    5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
    6) Never use derogatory remarks, even against proven distractors.
    7) Please put forward only genuine concerns clearly to avoid misunderstanding
    8) Ignore "whiners", But fully respect people with genuine concern/objection.
    9) Please put forward only thoughts relevent to scope of current forum/discussion..
    .. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
    10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
    by not only passionate for our cause , But also professional in our responses.

    Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.



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  • agv
    03-19 11:45 AM
    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.

    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.




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  • jackisback
    10-06 05:23 PM
    Really? Did they give you that information?
    I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
    They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number



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  • arc
    10-04 04:57 PM
    From Poll results, it seems there r 3 people who got their FP notices already. Just want to make sure--you guys are NSC->CSC->NSC transfer cases or was it Xfr'd to TSC?

    None of them is a transfer case nsc>csc>nsc... I checked their posts, That means NONE of nsc>csc>nsc transfer cases have received the FP...




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  • meridiani.planum
    10-09 09:44 PM
    E. EMPLOYMENT PREFERENCE VISA AVAILABILITY

    The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.

    :) Even if USCIS says that they cant predict future cut-off dates, its not going to slow down the prediction-pundits on IV. Soon we'll have a thread out for December Visa Bulletin prediction!!



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  • wandmaker
    08-17 12:31 AM
    You will have to include Medical (if you dont have time send it after you receive the RFE). Take sometime to search for HOW TO SKIP MAIL ROOM, many people have done that during July 2007 fiasco.

    We got a rejection notice for my wife's 485 & 765 application. The notice said

    ============
    "Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
    The following documents may be provided:
    Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
    Your original Form I-360 if you are filing concurrently; or
    A copy of your Form I-797 if the petition has already beed filed/approved; or
    Other evidence that an immigration visa petition has been filed/approved on your behalf.
    ==============

    My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
    We have included following documentation in the package

    1) Forms 485 ,765 , G 325 A
    2) passport copy
    3) Birth certificate and affidavits
    4) My 485 receipt notice
    5) My I 140 approval
    6) Letter from the employer saying that i am still employed with them
    7) Pay stubs

    Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.




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  • sarasuva
    01-30 12:37 AM
    My employer says that USCIS confused with another employer with the same name who is not funcioning from 2003(Or this guys would have given their old Licence number of 2003 to USCIS while applying I140 which was overlooked by USCIS while approval). On this confusion they 'Intent to revoke'.My employer has sent the current licence they have to USCIS. So we are waiting for the decision. But I did not see the 'Intent to Revoke' letter myself. They are not sending it too. So i am nervous and thinking of other options.

    USCIS site says that additional documents has been received and they will make a decision soon.



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  • Jonas73
    04-22 10:03 PM
    Hi, Yes I have a EB3 (even that I have a Masters degree and 6 years of experience) as my job only required a BS degree etc when I started working. So my understanding is now that what ever I do I need to get a new Labor/PERM and a new position within my company that requires MS degree etc that would qualify for EB2. Even if my I-140 gets approved within reasonable time I still have to wait in eternity for my date to be current under EB3? (the last time I looked back on the previous visa bulletins it looked like it was 2 years ago the EB3 was current (or PD 05 or something). That means that I will have to wait maybe 3-5 years before I can even apply for the I-485? Even that I do have the requirements for a EB2 and my company would have no issues qualifying my job to require a MS degree.




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  • kingkon_2000
    07-27 10:24 AM
    I talked to my lawyer as I made the same mistake and they informed me that it should not be a problem..




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  • roseball
    04-04 02:21 PM
    Hello Everyone, I have one specific issue.
    My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period.
    Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?

    Just use your valid H1/H4 visa for travel. If you had applied for I-485, then you would have had an extra option to apply and use AP for travel. Since you haven't filed I-485 yet, you can continue to use H1/H4 visa for travel while you wait to file I-485. Btw, if you are already over your 6 year H1 visa limit, then having an approved I-140 entitles you to get 3 yr H1 extensions whenever you are due for H1 renewal.




    amitga
    07-15 12:47 PM
    You are not allowed to re-capture unused photos. This would require a legislative change.:D

    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?




    nixstor
    04-03 04:45 PM
    o.k ..here is the link
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
    let me ask something related ..guys please reply.
    which is better - using efile or by sending the application by mail ?
    if sending it by mail - do you have to go for fingerprinting ??
    I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!

    How many days ahead can one apply for the EAD now? Is it still 120 days or Is it 90 days now?

    Thanks



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