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  • Lasantha
    03-24 02:55 PM
    Yeah, I remember these guys.

    Thanks for the news vinabath. You know what?

    Indian cricket team won the world cup last night. They beat West Indies.

    Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.





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  • ravi98
    08-30 08:34 AM
    Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.

    So close....yet not there... True, it is frustrating to not cross the finish line, at least you can see the finish line unlike many in EB3 I - who don't even know the # of laps they have to run!!
    Hang in there.......you will get it!





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  • anemmani
    01-04 01:06 PM
    Can someone reply on my question . Please help .

    My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
    She will come back to US again on H4 visa .

    Can she apply again for COS to F1 after coming back in US on H4 ?

    nit_sea,

    You need to ask yourself the following questions.

    Which university/college is your wife going to?
    - Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.

    Does she have an offer for financial assistance from the university?
    - She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.

    Is she interested in OPT option available to F1 students?
    - Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.

    In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.

    Nag





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  • TwinkleM
    01-30 12:13 AM
    Hello Ravi,

    Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.

    Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.

    Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.

    In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.

    Answers:
    1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.

    2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.

    3) Until u get the answer to ur appeal.

    4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.

    5) Since you do not have EAD, you cannot continue working on ur current project

    6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.

    7) yes.

    8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.

    9) Yes.

    Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.


    Goodluck



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  • sundarpn
    06-04 09:40 AM
    noob question...

    hasn't the bill passed in the senate already?

    Is there a deadline for it being cleaned up and passed or scrapped in the house?





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  • RedHat
    08-29 11:41 PM
    Today i got REF regarding my GC .
    USCIS is asking me to provide following:

    1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
    2)Copies of all US Federal Tax retuns ever filed.
    3)Copies of first and last pay stubs of all US employers.
    4)Birth Ceritificatates
    5)Marriage cetificate and cermony photos.



    I have all documents except my first paycheck of the first employer.

    I came to USA in the year of 1999 without my employer permision.
    I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.

    Only problem is , i stayed 8 months in the USA without job(without status).


    Between 1999 to 2007 i visited inida 4 times without any issues.

    USCIS is asking me submit my first paycheck. - I did not work first 8 months


    Anyone can guide me how to handle this case?.

    If i tell my employer was not paid first 8 months will that be any problem?
    And what are chances of get my GC.

    Please help!



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  • pappu
    05-21 04:49 PM
    Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
    The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:

    PS - Sorry for the Title. But I am just quoting him.

    Did you ask him to give you this information in writing? :)





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  • indianabacklog
    07-30 08:59 PM
    The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

    Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

    Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

    I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.



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  • pal351
    02-11 05:57 PM
    http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm





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  • Jerrome
    05-21 01:48 PM
    Dude you are asking for advise on your own RFE but advising others on their RFEs. I dont get it.

    I know answer for his RFE and i don't know answer for my RFE? Is that a problem?



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  • lfadgyas
    05-20 10:24 PM
    I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�

    So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
    -Why your case was denied at that time (L1B extension???) This usually never happens�
    And/or
    -What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?

    Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.

    So your research might be right about the 240 day thing which could put this into a different level.

    I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe





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  • lord_labaku
    11-19 03:38 PM
    I think this is a good idea. Most people here, coming from a computerized world, assume that everything in USCIS is automated. Its only partly true. Due to security reasons, preventing vulnerability, they still deal with mostly paper.



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  • sdrblr
    07-06 02:26 PM
    you can enter in AP, but you cannot work on H1B status. You need an EAD. You can work in H1B status if you enter in H1B.

    Are you sure on this?
    I am not 100% sure but I remember reading here or on immig portal.com that you can enter on AP and still use H1 to work. Can somebody please clarify.





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  • Edison99
    01-27 02:29 PM
    Good job IV team and keep going...

    Press release. Jan 26, 2011
    ==================

    Immigration Voice: President's vision on immigration "in the right direction"

    Immigration Voice (ImmigrationVoice.org - Home (http://www.ImmigrationVoice.org)) applauds the President�s recognition of our broken immigration system that allows for educating foreign nationals in the best universities this country has to offer and refrain from utilizing the investment made on them. The President�s call to reform in his State of the Union speech last night is an acknowledgement that has been decades in the making, he took it a step further by rightly calling out on policies that �makes no sense.� His vision and continued support on finding solutions to fix these problems is a step in the right direction.

    America�s competitiveness and the initiative of keeping the jobs in the US, from being outsourced rests with the highly educated and skilled labor force within the country. The President�s vision of �let�s stop expelling talented, responsible young people who can staff our research labs, start new businesses, and further enrich this nation" is commendable. The highly educated foreign nationals are forced to seek employment elsewhere due to the long waiting periods in attaining green cards. Nearly a million people are stuck in the process and their prime creative years are submerged in the uncertainties of acquiring permanent residency in the country, and their entrepreneurial ventures are curtailed. The need for a bipartisan solution to reform the employment based green card systems that American employers use to recruit and retain the best and the brightest from around the world has become an immediate necessity.

    As the President noted, �No workers - no workers are more productive than ours. No country has more successful companies or grants more patents to inventors and entrepreneurs. We're the home to the world's best colleges and universities, where more students come to study than any place on Earth.� Immigrants come to this country with the very dream the President described, to be a part of the great American workforce, working hard and giving their very best to the country. Aman Kapoor, Immigration Voice founder and president stated, �By tying the economic prosperity with innovation, President Obama has successfully merged the prosperity of our economy with fixing employment based immigration and the tremendous talents that is just waiting to be unleashed.�

    Immigration Voice is greatly honored to work with the Congress and the Administration in finding solutions to the root problems of the backlogs and help clear a path for talented immigrants to contribute to the cutting edge in American innovation and exceptionalism.


    Immigration Voice is a non-profit, national grassroots organization promoting awareness and providing solutions to fix the problems faced by high skilled legal immigrants in the employment based immigration system. Learn more at ImmigrationVoice.org - Home (http://www.immigrationvoice.org)



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  • pjalan
    04-01 03:08 PM
    I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.

    If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?

    Can't I myself respond to the RFE?





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  • Legal
    07-12 02:22 PM
    Guys!
    Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...

    Keep up the spirits MAN !!

    Helping us is not good election strategy. Bringing amendments in favor of family immigration was good lection strategy. Talking against outsourcing is good election strategy.



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  • mbawa2574
    07-12 02:47 PM
    It's election time guys- they are working on 2008 run. They will not like to come in lime light helping the immigrants. Clinton is the most crooked candidate in this run when it comes to Indians and India. See her voting record from last year or so.





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  • GKBest
    10-13 09:41 PM
    All 3 - checks cashed on Oct 11. I got the reciept no.s on the back of the checks. When can I expect to recieve the notices? I am planning travel by the end of this month. Is that OK to travel with just the reciept no's or do I need to have the reciept notices with me. Also I have a valid H1 visa till 2009. Advice greatly appreciated.

    Are you a July 2nd filer?





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  • yabadaba
    06-18 11:59 AM
    part1:

    Date of Last Arrival (mm/dd/yyyy)


    since i did not get that stamped on my passport...do i put in the date that i last got the stamp when i last entered?





    rajenk
    04-21 01:37 PM
    First of Change the subject of this thread. This is confusing to state that your I485 is already denied.

    To your question:

    1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.

    2. Opening MTR takes months, if you are lucky then it might be quick.

    Now a question to you.

    1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.

    The safe bet:

    That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.

    Just my thoughts, better consult with a lawyer if you are in such a situation.

    Good luck.

    Raj





    funnyman
    07-04 09:16 PM
    "__________________
    EB3 Worldwide
    PD 07/11/03
    I-140 RD 02/27/06 AD 03/22/06
    I-485 RD 05/07/07 filed at TSC
    FP 06/02/07 (Code 3) - sent to USCIS same day
    LUD 06/05/07
    "

    For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.

    EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?



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