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  • ImmigrationAnswerMan
    06-30 03:06 PM
    Wish Good:

    Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.




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  • rameshvaid
    08-16 12:26 PM
    Hi,

    I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.

    Thanks.

    My son was on B1 and then on H4. B1 was stamped in 2000 for 10 years. He was with me in US for 4 years and had 1 stamping of H4 in his passport after 2000. He moved to Canada in 2005 but still visits me on B1 which was issued to him before his H4 stamping and B1 was never cancelled. I am not sure about L1..

    RV




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  • eb2_immigrant
    10-22 08:17 PM
    I think this is what is happening in your cases,

    If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.

    If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).

    Always better to paper file.

    So to confirm if what you are thinking is true or not I called USCIS,

    The guy in TSC said it is a mistake and they will clarify it. I wasn't very convinced with his response, I called back after sometime, this time since there was no response to TSC it was route to other service center

    As earlier even this time the representative in this center was not able to answer as to why it says "interview reschedules” but she did transferred me to an officer.

    After several identification questions, Officer said this is not related to finger prints and she was not sure if it is related to I-485 interview either as they put reschedule interview note on my I-131 application.

    Finally she gave me a WTC-XXXXXXXX-TSC number, asked for my cell # and asked me to call back after 10 days if I don’t hear anything from the USCIS.

    I really don’t know what is happening; I don’t have much choice either other than waiting for something “GOOD “ to happen

    Any thoughts ......??????




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  • mundada
    07-17 12:50 PM
    Another case pointing that in the USA only lawsuits work to achieve short term results while lobby works to achieve long term solutions.



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  • hoolahoous
    08-27 06:15 PM
    i think there is a provision that if you are traveling for work every few months then you just need to provide your 'permanent' address not the 'temporary' address.




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  • dreamgc_real
    04-22 02:20 PM
    Please go and talk to Hispanic Caucus about it. Maybe they will listen to your desperate call for help and suffering.

    Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.

    Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.

    I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..

    We need Immigration Reform. Period.

    We want our agenda passed before theirs. They want their agenda passed before ours......... can't you see, they are the two sides of the same coin. So stop bickering about legal and illegal immigration.



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  • days_go_by
    01-10 08:18 AM
    Friends,

    As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)

    My last discussion wirh Immi and employer drove the nail in the coffin.

    I would appreciate any suggestion fromfolks like you.

    Outcome:

    I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)

    Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.

    I have few more weeks before I see this opportunity slip by.

    Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?

    Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.

    Thanks for your time
    --------

    Let me guess, remember this is just PURE GUESS.
    I think it is unlikely that Eb3 date will reach July 2002 in next 1.5 years, if you see how long it was stuck in April 2001, I can expect the progress to be very very slow.

    If there is a CIR or some kind of relief then yes it can reach that far.




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  • marty
    09-30 09:33 AM
    USCIS has updated the processing dates pages of all the four service centers on September 28. Now the pages say that these dates are valid as of July 31, 2008 only.

    If I remember well the processing dates information was more up-to-date earlier.

    So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.

    What can we deduce from this? Is it good? Is it bad? Or no relevance?

    It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.

    Simply more confusion, as if as it is we were not confused enough.


    I just noticed that and was about to make a thread. I remember the dates as of August 15 and not as of July 31, 2008. The processing times from September 15, 2008 can be seen at http://www.aila.org/content/default.aspx?docid=26534. It doesn't look like anything changed in the current update.



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  • ndbhatt
    06-23 12:11 AM
    Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

    While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

    I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

    Could someone please advice?

    Thank you.

    There are several hundreds of people who missed July 2007 fiasco, including me. Unfortunately, nothing can be done on humanitarian grounds. Only thing is wait in never-ending queue until you turn comes or wait for favorable immigration policy changes.




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  • javadeveloper
    06-22 08:45 AM
    Hello,

    I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.

    Thank you

    Tell the truth.AC21 is not mandatory.



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  • perm2gc
    06-23 05:49 PM
    If a person tests positive for TB and the chest X-Ray also shows signs of TB the USCIS doctor will send us to the county doctor's office. If they also determine positive result we wil have to start the medication.

    1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?

    2) Also how long does the medication take?

    Thanks
    1. You cannot apply without medical record.
    2. 9 months is the course time for TB medication.




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  • priderock
    05-31 03:43 PM
    14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
    Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
    Sen Cantwell, Maria [WA] - 5/15/2007
    Sen Hagel, Chuck [NE] - 5/15/2007
    Sen Voinovich, George V. [OH] - 5/15/2007

    Committees: Senate Judiciary
    Latest Major Action: 5/15/2007 Referred to Senate committee.
    Status: Read twice and referred to the Committee on the Judiciary.


    Excerpts of text:

    (a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

    `(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.

    `(G) Aliens who--

    `(i) have earned an advanced degree in science, technology, engineering, or mathematics; and

    `(ii) 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 who--

    `(i) are described in subparagraph (A) or (B) of section 203(b)(1); or

    `(ii) have received a national interest waiver under section 203(b)(2)(B).

    `(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    (b) Adjustment of Status for Employment-Based Immigrants-

    (1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:

    `(n) Adjustment of Status to Employment-Based Immigrant-

    `(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--

    `(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or

    `(B) in the discretion of the Secretary, the adjudication of such petition is pending.

    `(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).

    `(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.

    `(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--

    `(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and

    `(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.

    (2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--

    (A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and

    (B) in subsection (n)--

    (i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and

    (ii) by adding at the end the following:

    `(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.

    (c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--

    (1) pending on the date of the enactment of this Act; or

    (2) filed on or after such date.



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  • meridiani.planum
    11-26 01:18 PM
    Is it really possible to move back to H1 with a new company from EAD, in case 1> you have approved 140
    2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.

    I am not sure we can do this.

    I ran this past my attorney before I moved to EAD and he believed it was possible. He was not sure if the H1 approval will come with attached I-94 or if I would need to leave the US and return to activate teh H1. However what is certain is that the H1 approval will come through, as I would meet all the requirements. On what basis can they deny the H1?




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  • h1-b forever
    05-11 10:48 AM
    yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.

    This is good news. When did you apply and where did you apply for EAD? Are you considering to going to DC on June 7 and 8?



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  • go_guy123
    07-14 12:49 PM
    I was looking at the discription but couldn't figure it out. Which category does parents fall into? Does anyone know hot long it takes for parents to receive GC under ROW?

    Only US citizens can apply for parenst . There is no quota for it and so no backlog. July the processing delay which si not much.

    Actually instead sibling (F4) it is faster for
    USC to parent getting GC followed by GC parents to unmarried children or GC parent to USC and then to other married children.




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  • milind70
    04-06 12:55 PM
    Can anyone please give me some suggestions..

    My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.

    Also please let me know what forms I need to complete before going to india.

    Your suggestions are appreciated. Thanks

    In word from your situation yes you can qualify for the emergency situation

    the below are the reasons VFS mentioned when i was going for revalidation
    1.Returning worker
    2. For attending a funeral
    3. If some family member is seriously ill

    But things change i would advise you to check the website it tells u clearly who qualify for the emergency appointment. Also write to the consulate with your situation they will definately respond to you.



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  • desigc
    01-08 04:57 PM
    Thanks Pointlesswait

    I have about 3 months left on H1b. From your post, it seems that I shud file for extension ASAP and if layoff happens...transfer H1..

    Did I interpret you correctly?




    When you apply for H1 transfer..they transfer the current H1.

    If you have more than 6 months on ur H1 you cannot apply for extension..
    when you file for transfer.

    So better option would be:
    a.) Transfer H1...and then file for extension.
    b.) Or file for extension and then change jobs...

    if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.

    hope this helps




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  • ca_immigrant
    01-16 07:57 PM
    Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...

    When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)

    I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....

    so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....

    We have 2 kids...one 6 years and the younger one ...one year....
    How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?

    I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)

    Thoughts friends ?

    I am in the software industry (Business Inteligence)




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  • ita
    08-22 09:20 PM
    Gurus,

    I just thought of sharing some good news. I spoke this afternoon with USCIS office about my pending EAD(renewal), at the same time I asked the lady to check my I485 (PD: 11/08/2005), she forwarded my call to Level 2 support guys. He said FP,NC,Back ground check everything is cleared and also case is assigned to IO.

    Just a small suggestion/clue to my friends,
    when ever they ask "when did u file the application(I485) tell them your PD not the date that we all recently applied(if you have applied recently, I mean last year Jul/Aug)". Also don't call them on Mon-Wed, call them on Thursday or Friday (I recommend), so they will answer you guys politely. Complement for every say of them. Just a good word or humble will pay us back. I am sure about that.

    Please don't take me wrong.

    -Prasad.

    Would you please let us know what #(extensions) did you call? Was the person who initially answered your call IO or National CS? What did you ask the person who initially answered your call upon which she forwarded you to second level support? Appreciate your answers. Thank you.




    wizkid732
    08-24 12:29 PM
    Hi,
    I have been in this too long and want to decide if it makes any sense fighting anymore and anticipating the cards. Any advice is greatly appreciated

    I contacted the Senators office and the rep there made a query to USICS> this is the response she got.

    �This case is currently in an extended security review area."

    She then tried to contact this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time

    Any Advise?

    -Thanks




    cdeneo
    01-05 04:45 PM
    That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!

    If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

    my 2 cents.



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