Tuesday, June 21, 2011

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  • pappu
    01-21 11:16 PM
    fromnaija, Thank you for taking active interest in IV activities and expressing your interest in doing volunteer work for the local chapter. IV would like to request you to help in the state chapter (AZ) effort. You can organize all members (that have expressed willingness on this thread) and communicate with them for the local area tasks. Pls view the action items in http://immigrationvoice.org/forum/showthread.php?p=30164#post30164

    Members pls contact fromnaija (name is : Kola ) to coordiinate and organize local area activities.

    fromnaija, once you comunicate with the members you can organize a confrence call. Pls. communicate wth Pratik and Anurag for any questions you may have on meet the lawmakers. Good luck and best wishes.

    Thanks





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  • GC_Applicant
    07-28 12:36 PM
    Thats a good news.

    Can you let us know your Priority Date and the I-485 Service Center that you mailed your application to.





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  • desi3933
    06-18 03:32 PM
    Can we change the underlying basis of the 485 and swap the Primary and Secondary Applicants?
    This is because the spouse (wife who is dependent in first application filing) needs to be Primary for whatever reason:

    Job loss of Husband
    Wifes PD is early and get Labor and I140 approved

    This is little tricky, but it should be possible. Also, since it changes answer to the question 2 a and b, it will require clear and to-the-point explanation along with I-485 amendment letter. Probably it needs a very good lawyer.

    Just my personal opinion based on my understanding.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002





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  • arrarrgee
    07-19 08:50 AM
    These lines from the businessweek article made me proud guys...me in the east coast...wish i was there at the rally...I contributed 100 sometime bac..would contribute another 100 in a few days...more important i shall ask my friends who are in the same boat to do so...

    These are hardly your typical protesters. They're software programmers, engineers, and computer scientists, many with master's or doctoral degrees. A police officer in San Jose told the organizers that the event was, "one of the most orderly protests." the city had ever had.



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  • kishorek111
    02-07 01:00 PM
    I filed my EAD at the same time as you and got it exactly in a month. so you should also get it.





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  • krisganta
    07-25 07:38 PM
    I think the PD, RD and ND do not make any sense. I called NSC today morning and the initial person basically told me what I see on the USCIS website about my case status. After I insisted that I need to talk to someone who can give me more information about my case, she transferred the call to another person. I am assuming she is the level 2 person.

    According to the second person, the visa numbers are not available so they won't process my case. My PD is Aug 04 and when I told her that EB2 for India is current until June 06, she has no response for it. She told me to call back after 60 days. At this time after spending 45 minutes on phone, I was very irritated and gave it up.

    I think no one has any clue how USCIS processes these cases.



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  • Vexir
    05-16 09:13 PM
    If it is, HOLY CRAP THAT HAS TO BE THE UGLIEST ONE!

    If not, no Ilyas, you aren't.





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  • chanduv23
    09-09 03:37 PM
    Your I797C cannot be used to show pending status. If the petition is denied and a person uses I797C, there is no telling if the person is in valid status.

    There are two ways you can do this.
    If your I94 has expired, you will need to go to a USCIS office, and get a new I94 on your parolee status. You can show that to the DMV. This is if you prefer not to renew your EAD.

    If on the other hand you decide to renew your EAD, then you can show them the EAD.

    I do not understand your justification for not renewing your EAD. Do you have a H1 on which you are working? If not, then you will need some document to show your work authorization status. On the other hand if you do not want to work, getting an updated I94 should solve your problem.

    Thats good information. Well, most DMVs are asking only for EAD. Never knew we can use i94 with parole stamp. Has anyone tried it?
    Any idea what the procedure is to get a parole stamp from USCIS office?



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  • Administrator2
    05-27 01:13 PM
    A specific member from AZ state needs help with American Airlines miles or help to buy the air ticket for an individual to attend the lobby day in DC. Kindly let us know if you could help with this request.

    We will take any help that members could offer for this request.

    Thanks a lot!





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  • rockstart
    05-13 08:12 AM
    I know a friend who went there in february and got struck for name check. Luckily the guy had AP and so he was able to come back to USA he has not yet heard from Toronto consulate about his stamping status. He calls them every week and all he hears is its still in process



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  • Dj-Studios
    06-12 02:27 PM
    mlk - please don't take this the wrong way, but I didn't know you had skills like that! It's probably just because I haven't seen a lot of your work. Great work from both of you but I am really impressed with mlk's last volley. Great job on that one, I love the look and feel. Nice typo too. :thumb:
    I too think this. You guys really surprised me! At first I was ehhhh it's pretty good, for him. And then came the other volley's and I was like WOW! What happened here??? I might get some competition coming soon!

    So ya great battle you guys and keep up the good work!

    -Your True Master- <----Not really
    Dj-Studios





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  • dealsnet
    08-06 01:55 PM
    Parents and spouse is always current for US citizen regardless of the country of origin. They can adjust the status immediately.
    If a citizen is above 21 years old they can sponsor some of these catagories according to country quota (family based) released by visa bulletin.

    First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.

    Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.

    Third Preference: Married sons and daughters of U.S. Citizens.

    Fourth Preference: Brothers and sisters of adult U.S. Citizens.



    If parents that are in an EB queue have a US born child = US Citizen, can the child sponsor a Green Card on behalf of the parents and get them the GC?

    ???? Just a thought... there could be a legal loophole allowing this... I dont see any language that talks about the age of the US Citizen...

    Hmmm....



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  • jcrajput
    10-01 03:37 PM
    What PD has to do with EAD renewal?





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  • willIWill
    05-07 02:19 PM
    Yes, that is indeed strange! Interestingly the reduction in the demand seen is from Years that are not current now; probably due to porting to higher categories. Then the question is what is USCIS really doing ?!! Do they themselves have any Idea ?!!!


    Another thing where USCIS processing is not making sense at all.. Only less than 1000 visas consumed by EB3 ROW between March and May when this category should consume over 30,000 visa a year and that's without getting spillover

    The same sad story near August/September they realize much of the 30,000 visas are left and they rush to approve random applications



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  • bmoni
    08-20 12:33 AM
    I did some analysis for EB2 and EB3 India using as well as IV data. It provides a rough estimate of the approved and pending 485 applicants for India.


    Reading through the excel sheets, you can easily understand what approach I have used to come up with these numbers. Of course, I have made a lots of assumptions and the analysis may not be correct. I did it anyway :) .

    Here are the links:
    For EB2:
    http://spreadsheets.google.com/ccc?key=0AvK4GEQtIPLqdFJ5VXFOeFNJSzcxSE40Um1nQXZlQ mc&hl=en

    For EB3:
    http://spreadsheets.google.com/ccc?key=0AvK4GEQtIPLqdE5sQ2prMXIwaVR4ejZzWlRUemtRU 0E&hl=en

    Great effort. Kudos. At-least this will get as close to put some kind of logic behind the USCIS VISA number madness.





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  • raj727
    01-25 01:18 PM
    njgcmar03,

    I have submitted my passport for renewal at NY and its been two months now, I have valid visa stamped and I have submitted my passport 6 months before expiring date, went to consoling service to find out the cause of delay and found clearance not received from India.



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  • shiankuraaf
    07-14 08:02 PM
    You can stay outside US for 1 year without any problems. I got this from USCIS io.

    To Voldemar:

    ""My son was on AP out of country for more than half a year, came back without any problem."" -voldemar


    I believe your son's AOS was pending at that time I guess. If that is the case, and they are about to process your son's case, would there be any issue as he was out of US for longer period of time? What happens to his AOS if it is approved when he was out of US. How he can be in US and on what status?

    The reason I am asking is one of my friends daughter was out of US when her AOS was about to be adjudicated and their parents got approved but they kept pending her AOS for almost 16 months for now.

    So, I am just curious to know whether that was the case if AOS applicant is out side of US for longer time.

    Thanks in advance.





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  • add78
    01-30 12:29 PM
    As everyone forgets - Visa, Status and Work Auth are 3 distinct things.
    From what I understand currently you have

    Visa - F1
    Status - F1
    Work Auth - OPT (with a few months left, correct?)

    Another thing to keep in mind is that there is no such thing as H1 Transfer
    every H1 is a new application, the only difference is whether you are counted in the cap or not

    So if I understand your current applications are:

    C1 - applied H1 with COS - pending
    since H1 with COS is not approved your status is still F1

    C2 - applied H1 w/o COS - approved but waiting for Employee 797
    even though H1 is approved, since it was without COS, until you go out, get H1 stamped and come back on that H1, your status is still F1

    C3 - offered you a job but you need to know what to do
    you can have C3 file for a new H1. There is no such thing as "H1 Transfer". Since you have a approved H1 petition with C2, you are already counted in the cap. However since that was without COS, it has not changed your status. You are still on F1. The paystubs are provided with the so called "transfer" to document to USCIS that the prospective employee has maintained valid status with previous employer. Since you could not work with C2 yet, there is no need to show paystubs from C2 with C3's H1 petition. However, you have two options - either have C3 apply H1 with COS or without COS and provider C2's approval as a proof of being counted against the cap.

    In such cases where you have 3 petitions pending (after C3 applies) it is highly likely that USCIS will approve C3's petition without COS, even if you apply for COS.

    If you get C1's premium petition approved with COS, you can work for C1 without having to go out (like C2)

    It is possible that since you already have a approved petition from C2 without COS, and pending premium petition from C1 with COS, the new petition from C3 may throw an RFE.

    Take your chances.

    If my post was helpful, please consider donating to IV.

    Can you look at the situation much closer and please recommend me a good immigration attorney please if possible

    Attorney Sir,
    After reading the following , Please let me know if I need consultation
    A liitle about me : MS graduate , working on OPT

    Here is my situation.
    On April 1 2008,
    Company C1 applied my H1B , Change of Status from F1 to H1B , Regular Quota
    Company C2 applied my H1B, Consulate Processing, Regular Quota

    Regarding C1 :
    -I have been working with C1 since 2 years now and I have all the pay checks
    -C1 received RFE in July 2008 and RFE replied within 2 weeks, Case Pending
    -C1 applied for Premium processing on Jan 15 after long wait of pending
    -3 LUDs on 3 consecutive days in the last week.
    - Case still Pending

    Regarding C2 :
    - H1B applied on Consulate Processing, So basically it means I need to get it stamped to start my H1B
    - I dont have any paychecks with C2
    - C2 H1B approved in August , after RFE
    - Twist : Employer received only Employer copy of H1B approval and not the copy that is given to the candidate.
    - I have the scanned copy of Approval, that Employer received.
    - In October 2nd week, C2 applied for "I824, APPLICATION FOR ACTION ON AN APPROVED APPLICATION OR PETITION" to get the candidate approval copy.
    - I could not go for stamping because of that to start my H1B.
    - So basically waiting on that

    Current Situation
    Company C3, reputed Software Company
    - offered me a job
    - I have OPT to work with them.
    - But I also want one of my H1B to be transferred... I dont know how to do that
    - If the H1 transfer is not possible, I must ask them to wait till april to apply new one , which is not possible.

    I am looking for a solution, on how to handle this
    Q1) Will I be able to transfer my approved H1B from C2 to C3 ,
    Q2) Will C3 be able to apply COS for H1B transfer from C2 to C3 and change my status from F1 to H1B
    Q3) I cannot get paychecks from C3 because I never worked with them, and moreover it is Consulate Processing H1B, so it is not required to have Paystubs before getting stamped.
    Q4) Shall I wait and see what happens to my C1 Premium Processing?
    Q5) Ultimately : What is the best solution to handle this?





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  • english_august
    09-16 04:48 PM
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    bp333
    10-15 12:57 PM
    I thinking yes. I did not the returned application back so far.
    I think its lost in the mail.

    Give about 30 days for the rejection notice to come through. It took me the same. If its rejected for "Missing or incorrect fee" then I am sure the rejection notice will have the instructions to refile. Don't worry.
    When refiling put "ATTN: CRU SUPERVISOR - CASE IMPROPERLY REJECTED FOR FEES" on your conver letter..

    Good Luck.





    sgaur_1977
    07-18 12:30 AM
    Good idea, but old fee structure is valid till August 17th.

    Folks

    Anyone like me thinking of withdrawing their 485 petition filed in the first week of July and refiling to capitalize on the advantages provided by the new fee structure like renewal of EAD/AP without additional fees. First of all I am not sure I can withdraw my petition and file again?

    I am gearing myself for the long haul and dont want to spend abt 1400 $$ a year for my spouse and I for EAD/AP.

    If this issue has been discussed kindly guide me to the threads if you know of any....instead of yelling at me for posting this question again.

    Thanks!



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