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  • sairam
    09-17 03:32 AM
    In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.


    No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.

    Thanx!




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  • gc_samba
    07-17 05:03 PM
    Thank you I appreciate your response

    No minimum period is necessary and firing will not have any negative impact.




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  • shishya
    04-30 12:57 PM
    Why is the issue date matter?

    When was the birth registered? If it says recently, then you should go thru the process.

    If the birth was registered proerly at right time, you will not have problems.

    Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.

    The birth was registered just two months later -- but from what I've been reading the issue date (being so recent) does raise some eyebrows as well. The question posed is ... why haven't you tried to get a 'correct' birth certificate issued so far and only got it issued last month for US immigration purposes.

    To be really safe, our lawyer is requesting we get affidavits sworn as well.




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  • cbpds
    03-05 06:58 PM
    Wait for obamacare to pass !!

    btw her location will be @ Portland, Oregon.

    Regards



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  • walking_dude
    12-05 11:34 AM
    ACLU is using USCIS/FBI over namecheck delays. Not sure if the lawsuit is limited to Citizenship applicants or GC applicants can be included.

    http://www.mercurynews.com/breakingnews/ci_7632838?nclick_check=1

    If anyone stuck in greencards namechecks wants to contact ACLU about it to include GC namecheck issue in it, they can do so.

    Here are the contact details:
    NADINE STROSSEN1
    President of the ACLU
    nstrossen@nyls.edu
    ===================
    Their general feedback form
    http://www.aclu.org/contact/general/index.html
    ============
    You can search for your local ACLU contact:
    http://www.aclu.org/affiliates/

    ACLU Immigrants rights project E-mail - immrights@aclu.org




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  • krishnam70
    05-06 11:52 AM
    Here is my story, Immigration experts are requested to suggest.......

    My H1 started from Oct 05 with Employer A.
    Applied Labor in Feb 07, Approved in Feb 07.
    I-140 approved in May 07.
    Applied I-485 in July 07, still pending.
    EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
    Renewed EAD in Oct 08, valid till Oct 2010.

    In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.

    The project with Employer A finished on Nov 22, 08. (on H1)
    Started new project with Employer B on EAD from Nov 24, 08.
    (AC21 was not filed)

    Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
    Returns, W2, etc)

    Due to miscommunication between me and Employer A, he was notified of my
    new job on EAD with Employer B in march 09.

    H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
    contract not submitted. (It was not mentioned in RFE)

    Never filed an AC21.

    What should I do now ? Will this H1 extension rejection become an
    obstable in getting I-485 approved ? Will there be any problem in getting
    third extension of EAD if I-485 is still pending ?

    Should I appeal this case by submitting all the end client contracts ? But I have
    used EAD ...........I have good relation with Employer A and am assuming he will
    not revoke my I-140.

    Experts please suggest........

    Here is my observation

    1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
    2. You implicitly used AC21 by moving to a new employer and working on an EAD
    3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
    4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.

    The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.

    - cheers
    kris



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  • waitin_toolong
    01-15 10:39 AM
    To reeneter you need approved I-797 of the employer that you will be working for as well as unexpired H1 stamp. Stamp can be for the other employer as long as it is not expired.

    You cannot eneter using the receipt, you need approval. So if it seems to be taking a long time to get approval go ahead and upgrade your petition to premium




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  • ash0210
    11-09 12:36 PM
    In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?

    "Premium GC processing" will work as follows:

    Pre-processing Condition/Base Rules:
    If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....

    ...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!

    USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..

    Premium Paid GC - Few base Rules:
    Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:

    1. Pre- adjudicated:
    Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability

    2. Income Tax & W2�s:
    Applicant pays Income Tax, files W2�s for say 3-4 years

    3. EAD�s more than 3:
    I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years

    4. Check Legal entry in USA:
    Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA

    5. Security Threat/Name Check:
    Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?

    6. FP:
    Finger Printing at least once (NOT over by 15 months etc..)

    7. Biometric:
    I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time

    8. H1B/H4 extensions:
    I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)

    After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.

    Look guys, this is a capitalist country & we have to pay few $$$'s to USCIS instead of spending them on EAD's & AP's extensions for next couple of years (usually instead of year, its turning out to be 8-9 months!)

    Do IV core group/IV members wants to amend or add more Base rules, including $$ price for Premium GC processing?

    I am sure Dems will consider these options as they have to prove that its NOT nothing doing congress!!

    Needs further brain churning to suggest "firm-up" suggestions to Dems/Congress...!!



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  • kroy1976
    04-13 03:36 PM
    Thanks a lot for the reply.
    I have talked with lawyer regarding this.
    She has the following to Say:

    a) Ac21 is perfectly legal thing and many of her clients are traveling on AP under AC21 and do not have any issue.
    b) CBP officers know about this and there is nothing to worry.
    c) If the CBP officer is getting two suspicious they can't deport me. They have to parole me and then run a case or check on me. Where my lawyer can talk with them and make thenm understand that everything is OK
    d) she assures me that there is nothing to worry and I can go and come back hassle free.

    Do you people think all of these statements are correct?

    Thanks a lot.




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  • akred
    07-14 06:31 PM
    You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.



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  • ARUNRAMANATHAN
    06-18 10:02 AM
    So PERM does this have more than one processing center .....

    Atlanta and
    ??????

    Now if more than one processing center then do you know the list of states that fall under each processing center .

    This is for ALL Guys who planning to Start the GC process ASAP.

    Thanks




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  • dc2007
    08-04 06:57 PM
    I think lot of people here might be having similar issue, which I am having. As a consultant I have stayed at lot of addresses but my on my salary slip I try to keep the same address.

    Here is the one scenario out of many:

    Scenario 1:
    1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.

    2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.

    3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.

    4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140

    Question 1
    So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
    Note: my H1 labor has NJ address only for this duration.

    Scenario 2:
    In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).

    Question 2
    Should I use NJ address only for these 2 years - 2003 and 2004 ?

    Scenario 3:
    Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.

    Question 3
    Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?

    My main concern is, Is g-325 has anything to do with tax return ?

    Should I make sure that my H1 labor state should match my residence address?

    In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?

    Thanks in advance



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  • prioritydate
    08-13 12:31 AM
    When India won its first Olympics individual medal, someone posted it on this site. People descended on that poor guy asking him to stick to the subject. Now where are those guys? Do I need to assume that they are not offended by this time?




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  • calgirl
    05-25 07:50 PM
    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    What does the above statement mean??
    So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?



    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.



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  • kondur_007
    08-13 09:32 PM
    Can you please tell us which service center you send your application to?

    Thanks.




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  • thomachan72
    09-01 02:05 PM
    Got the email this morning...

    EB2I
    PD : 10/04
    RD : 07/02/07

    Beat the 10 year deadline by couple of months :)

    Congrads!! you seem to be lucky. I noticed that several other of our regular posters have PDs earlier than you and are still waiting. Why do you say 10 years? your PD is 04 so that makes it 5 years :D:D



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  • manishs7
    06-24 06:57 PM
    NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....

    I guess this mean back log of 9 months..




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  • eilsoe
    10-02 03:34 PM
    hey, how do i add to the wallpaper section? I just got redirected to the forum... :-\


    Oh, and btw, got a new pic here: www.avalon-rev.dk/soldat.jpg


    Not as advanced as the previous, but still nice.. :)

    i make rain now... HA!




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  • gc_on_demand
    10-22 01:04 PM
    I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.

    Reasons ::

    (1) Most of Desi companies filed under Eb2. Those are EB3 are mostly from american companies. And even if they qualified for Eb2 , companies filed for Eb3. So its any one 's guess that these companies will file new Eb2.

    (2) Process takes 12- 18 months even if companies are ready

    (3) Eb2 has tough criteria and lots of scrutiny.

    (4) Desi companies are scared to file for new Eb2 when their H1bs are under review too.




    sledge_hammer
    06-29 02:42 PM
    My attorney clearly said she cannot get to my file until the end of the first week. She assured me though that she will be able to file it by July 15th.

    They are overwhelved with cases, and they are working weekends also.




    wandmaker
    04-27 03:02 PM
    You might be denied based on the 365 days rule. When was your labor filed?

    OP's 140 was approved in Aug 2008 and whereas the extension was filed in Feb 2009. It rules out the denial based on 365 day rule.



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