Monday, June 27, 2011

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  • meridiani.planum
    06-20 12:18 PM
    I would like to appeal to all the people who want to travel outside the country and would need a new visa stamp to come back to US....please...please...please do not take this risk unless it is a family emergency (a life and death situation rather than a brother,sister getting married).

    Cant attend own brothers wedding because we are scared of the possibility of MAYBE getting a delayed visa stamping?? what kind of life is that? ....




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  • pmlboy
    05-01 04:16 PM
    I got a similar RFE, except I have been asked to provide government documentation stating why mother's name is absent in birth certificate. Can anybody help on what type of government document can I obtain? Getting a new BC won't be possible, as my parents are currently in the US, and would return after the RFE response deadline. Can I get a court order regarding this effect? Any template would help.

    Thanks.

    EB-2 India
    AOS filed July 2007
    PD April 2007
    Currently on H1-B (renewed till 2011)




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  • sujijag
    08-27 05:50 PM
    We got 2 year EAD too, with 140 pending for more than an year :(

    I don't see any USCIS link pointing what Murthy & Co says. Probably its her own assumption.




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  • mlk
    10-20 02:12 PM
    but you had a chick.



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  • waitnwatch
    05-25 07:57 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?

    advanced degree in STEM + 3 years post degree experience in related field immediately preceding I485 filing. The related field part may have been taken out by SA4188 so just 3 years of work experience may be all you would need.

    Hope this clause stays as otherwise the USCIS would have a field day with the "related field" clause.




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  • wandmaker
    08-03 11:04 AM
    How often is finger printing required/asked for during the 485 process.
    Thanks

    485 is pending and 15 months has passed since the last FP, you will receive a new FP notice. If you efile your EAD, you will receive a FP notice to get a FP & picture, which is different from 485 FP.



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  • ngopikrishnan
    06-17 06:18 PM
    Can someone suggest good attorneys to consult and represent AC21 case, transfer employer, transfer case from current employer, etc.? Attorney must be responsive!!




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  • GC08
    04-08 09:56 AM
    If the law is changed. All dates will be current. if it's not changed your date from 2005 means squat. There are abt 200K ppl in the line ahead of you.. no way you are getting anything this life.. maybe you can leave your PD in inheritance to your kid born in India :)
    So your GC process shouldn't be a factor.. you got great offer.. leave..!

    Go for the better job... Nobody knows what's going to happen. I wish I had done that 3 years ago. :(

    This is especially true considering the uncertain, erratic nature of U.S. immigration. The only thing you can do is to grap whatever is "certain" to you right now. Otherwise, you may get stuck with a bad job, a bad company, a bad boss and still not getting your green card, either because of the backlog or unforeseen lay-off. At that time, you will realize you have got nothing... That feeling really sucks!!! :mad:



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  • siravi
    01-10 10:23 PM
    ... if I am around at that time. Shall look forward to meeting and catching up!




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  • sprajulu
    07-08 03:15 PM
    Congrates Man

    what is your EB category and PD?



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  • factoryman
    07-02 02:29 AM
    IV is so diverse, and mostly anonymous. Quoting one of the greatest persons in history is fine in theroy. But please practice it.

    First and formost, don't become 'touch me not' and withdraw. I am sure you will. Taking umbrage against posts shouldn't turn oneself off, if service, sharing and co-operation is the driving motive.

    I have seen much water flown under the bridge, here at IV, at work and in personal life. We are all here for the avoidable 'injustices' going on against EB based folks: in visa stamping to AOS.

    The whole gamut. Let's say - if most are are turned off (however personal it may be), there is no zest, no life; a place is Sahara, Thar or Gobi would be a perfect place.

    Hope you will take in the right spirit. Got to go. Reaaly going to get unhooked from IV for today.

    yadadaba, i have posted my email in many places. If you want to get info, please email me directly in the future. I will share what I know - IV folks ridiculed me when I said my info from the Ombudsman's office was true. They simply don't want people who have a slightly variant info to raise a voice. I have not personally heard from the O's office on this as I sent my application out on Friday for a Monday delivery without any knowledge of such possibility. If it happens it will really stink...to those who call Ombudsman the barking dog - think before you say - he may have just saved us from loosing 40K visas. Possibly the dates were made current only to clear pre-adjudicated cases. And if thats true, guess what? A window will open again in October. Thats better than where we were without the O's report that may have not impacted anything and the 40K cases ahead of us would still be pending. Its in our greater interest that they get approved and we move up the ladder versus we trying to cry wolf. My 2 cents...


    Something to ponder: "Gandhi's peace marches did not get Independence to India alone. They were radical movements of many people behind it equally responsible if not more. IVs movement is the peaceful one - important but not enough and definitely not filled with exclusivity"




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  • sparky_jones
    10-01 08:19 AM
    ^^^^



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  • m306m
    12-12 03:32 PM
    Vallabhu is inaccurate. You can leave the US with an expired I94. Immigration Officials do not collect the I94 from an individual, more often it is the airline staff who collect it and pass to immigration. Also you status come into play when you enter the US. When you fly in just show your AP and I485 receipt and you should be fine.

    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .




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  • amsgc
    01-15 11:13 PM
    Unless the country cap is removed from EB immigration - things will not change for folks from India.

    Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?

    waiting in the new congress
    Check the Bill H.R.264

    http://thomas.loc.gov/home/c111query.html



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  • qualified_trash
    11-16 09:53 AM
    there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.

    your information is not accurate.

    filing for AOS does not give you an EAD. You have to apply for it.

    There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........




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  • sheela
    10-15 09:56 PM
    Thank you.

    I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.

    and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.

    But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me hitting a bus on an intersection.


    Keeping fingers crossed until approved is the mantra.

    I believe IOs must be having a kind of 'work-sheet' while they are reviewing and are checking each box (?) for any missing info/link and if needed, will list the info required (all-in-one-go). and send out rfe. Once a satisfactory response is received --case is approved OR pre-adjudicated only to be approved when current.



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  • vallabhu
    09-10 10:04 AM
    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can’t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?

    To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues

    So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer

    an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.

    if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application




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  • chanduv23
    02-14 03:58 PM
    We want widespread support from all Physicians.
    If you are a resident, fellow, preparing for USMLE, practicing, j1 waiver everyone, please join the IV Physicians group. We need a lot of support for this bill.

    Please spread the message and get your organizations to participate actively in this campaign.

    Please post you pledge for support on this thread




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  • lazycis
    01-10 08:26 AM
    EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

    The bad part of it in your case is that NC is still pending.

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf

    "As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."

    So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.

    http://en.wikibooks.org/wiki/FBI_name_check




    bikram_das_in
    06-18 02:30 PM
    I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.




    Green.Tech
    07-24 03:12 PM
    As per my attorney, there is no validity requirement for the passport, just that it should be valid at the time of AOS application. So, the OP should be ok. But like others said, do apply for a new passport as soon as possible.



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