Friday, June 10, 2011

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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





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  • bindas74
    02-05 12:33 PM
    As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.

    What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.

    Hi Prasadn,

    Thanks for the reply. That sucks if I have to pay again::((

    I read somewhere that if we apply with the latest fees, we dont have to pay again.

    Can any one else please confirm?

    Regards





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  • gc_kaavaali
    11-14 10:24 AM
    hey fearonlygod,
    Do you want to tell us your employer name? It helps other people...if u don't like u can ignore it.

    I had similar situation where on H1B he was showing different salary...but he was paying less..difference is almost $10000 per year...it is between Aug 2003 and Oct 2004...Can we do anything now?





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  • naan
    07-15 10:02 PM
    http://www.youtube.com/watch?v=qP79UslTUr8

    http://www.youtube.com/watch?v=ovhoH0ZW0No

    MSNBC coverage of the July 2nd Fiasco.



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  • hindu_king
    03-09 12:39 PM
    Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
    Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
    What happens if there is an RFE asking for proof of employment during this period?





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  • orangutan
    10-04 03:57 PM
    Good, USCIS is working on saturday for you. You are lying again like you did for your visa?

    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)



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  • isthereawayout
    02-22 12:42 PM
    Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.

    My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..





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  • new2H1&GC
    12-30 03:14 PM
    Hello all,
    Could someone who are recently travelled via London Heathrow, please let me know what all should be done in order to obtain the DATV visa?
    My flight stops there for under 2 hours (for cleaning and refuelling), and I was told I need to get the DATV since my visa expired and my approved AP alone is not enough.

    Though I have gone through the required websites, i would still appreciate info from any one who recently experienced getting the DATV and travelling via London. Do I need to send I-485 receipt notice original and EAD as well?
    Or is it enought to send the online application, passport, photo and AP originals?
    Is there anyway to do everything in person, including handing over documents?

    Also, it would be great if you could let me know how long it took to get the visa and your documents back!

    Any help is GREATLY appreciated!
    Thank you all very much !



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  • jetr
    08-27 12:06 PM
    My 140 is Approved from Company A.I haven't filed my 485 yet.
    My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).

    My qn is what if company A cancels my 140?
    If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?

    Thanks for your help.





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  • Gravitation
    07-23 03:09 PM
    I'm surprised that there's no poll on this.



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  • ivar
    06-18 10:41 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion or an appeal, could you please post your feedbacks/experiences?

    also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

    I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.





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  • eb3_nepa
    04-07 05:28 PM
    Here's another parallel Idea.

    Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.

    By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.



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  • sertasheep
    08-03 02:12 PM
    How many IV Pennsylvania members are planning to attend the DC Sept 13th Rally?

    NOTE: PLEASE KEEP YOUR PROFILES UPDATED (NAME, TELEPHONE NUMBER,EMAIL A MUST) SO THAT RALLY ORGANIZERS CAN REACH OUT TO YOU

    See details at :http://immigrationvoice.org/forum/showthread.php?t=11428





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  • rpulipati
    09-07 05:01 PM
    I believe in IV and its efforts.

    I understand rally will help IV to demonstrate the people support.

    I understand, in rally and after rally IV requests/lobbys law-makers to fix the broken immigration system system.

    But can someone clarify me, what exactly IV is requesting law-makers?

    1) Are we asking to re-capture visa numbers? (150K may not be sufficient for 750K applicants)

    2) Remove country limit (still have to 5 years)

    3) Increase the EB quota?

    4) Clear all current pending Backlog labor/I-140/I-485/etc applications by 2009? This is temporary solution, but will solve the problem for now.

    5) Another Immigration Reform bill for legal?

    Having clear answers will help to gain support from my friends, colleagues and more and more people will be willing to join.

    Thanks



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  • plassey
    08-17 03:47 PM
    I think you are screwed for next several years. And I can bet on it from experience.
    Hello everyone,

    Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.

    SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?


    Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
    Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
    Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320





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  • alex77
    10-11 01:39 PM
    If you have not used EAD then your H1B is still valid and so spouse's H4 should be valid too. If you have used EAD then your H1B is not valid and in that case, your stay becomes illegal too.

    If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

    In this case for any reason, if the 485 is cancelled, spouse will be out of status.

    Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

    Gurus Please guide.:confused:



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  • madanreddy
    03-14 01:55 PM
    Last week out of a project..my desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.

    What are my options? I am in status?

    Thanks for your advice.





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  • SDdesi
    06-02 09:15 PM
    This is a disaster for all FDBL clients. Wonder how this will affect people who have a I140 approved and 485 pending?





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  • maddipati1
    04-23 04:23 PM
    i was in the same situation. entered US with H1 visa. passport expiry in few months, so got I-94 for few months. got the new passport. drove to San Ysidro, crossed border and came back immediately. got the new I-94.

    i have EAD/AP and lawyer suggested that i don't really need to get new I-94. but, since i have been using only H1 and not used EAD/AP so far, wanted to have a clean record.

    parked behind jack in the box($5), walked outside on the bridge (no elevators) with 8 years worth of my immi dox, every doc i have so far. after exiting the bridge on Mexico side, took the other bridge towards left side to cross the road. after getting off this bridge u will see traffic going in to US. walked parallel to that towards US on footpath. found the lines of people going in and joined them.

    only hiccup was, while coming back, just joined the lines going in, but didn't go to CBP office, where they issue the new I-94.

    so, had to go back and go to the CBP office. The board outside CBP office reads 'PERMITS' in English and Spanish. Went in (hardly any line to wait) and got the new I-94. the officer at my window has no clue about what to do, literally nothing, may be under training. the officer sitting next to him, knows exactly what to do. so he helped issuing new I-94 and stamping on the new passport. then paid $6 at the cashier window across the hall. then joined the lines back.

    the IO was very friendly and was reading out loud abt my company name, visa status etc, while i was explaining why i am there. then the usual baggage security check and back. if its not for the hiccup, it would only take an hour total.


    .





    Britsabroad
    March 6th, 2004, 08:50 AM
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    mmanurker
    06-25 01:27 PM
    SSSarkar and Morpis,

    My wife's passport is also expiring in Oct'07 so I spoke to my company's attorney and he said its not a problem and advised me that we will go ahead and file our (me and my wife's) 485. I am planning to apply for the renewal of my wife's passport sometime in July or Aug'07



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