Saturday, June 25, 2011

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  • BharatPremi
    07-11 11:18 PM
    Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.

    USCIS Ombundsman report from JUNE 2007 says:
    "For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
    - As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."

    Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.

    USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.

    End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).

    As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.

    If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.

    If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.

    Anybody thinks the above makes sense?

    jazz

    When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)




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  • mhtanim
    02-26 10:27 AM
    Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!

    Congratulations on your GC. Yes, tell your sister to send you the GC by mail. Once you get it, you can get back into the U.S. using your GC. I know few people who have done this. Good luck.




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  • apahilaj
    07-19 07:11 AM
    Hi Seahawks,

    I had a question regarding your post - you mentioned that if you are filing with your spouse, there's another form you have to file. I filed along with my spouse and I did not have to fill out any special form; my attorney did not ask for any special form for my spouse and neither did he ask for my tax information.

    Can you please provide details of this form you are talking about? My application has already reached USCIS in the begining of July.


    Am I expecting an RFE on it? Thanks.




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  • swamy
    04-22 09:28 PM
    why ban- let bigots have their say too & demean themselves in full view (what kind of degenerate would use terms like 'anchor babies')



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  • seahawks
    06-27 03:02 PM
    Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)

    Question:Name misspelled on I-485 NOA

    Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.

    On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.

    So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.

    Thank you.

    Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time

    An attorney has suggested them to take an infopass appt and I suggest you do the same

    This is true since you haven't messed up and the USCIS did, in my case, the form that was filed had wrong information. There is no information in USCIS that tells us how we can correct it.




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  • nixstor
    08-14 04:25 PM
    Called 6 different operators at the USCIS and got different answers (atleast they are consistently inconsistent!)

    2 Said it is perfectly fine as long as the amount is correct
    3 said they prefer seperate checks but if the amount is correct they will accept it
    1 said they will reject the whole package.

    On a lighter note i spoke to one really sweet lady when my call was escalated. All i wanted to ask was about the checks, but she (very enthusiastically) looked up my information and informed me that i was not in the system yet and actually apologised to me. Now i KNOW she looked it up coz she got my middle and company names right even without my telling her that. She even said she has received a few calls today and the guy b4 me was a lucky caller as he was in the system as of Aug 8.

    Called 6 different operators today? Wow!



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  • Madhuri
    07-11 11:02 PM
    If this is true it's really horrible and scary that this gov. agency is handling our applications.

    This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......


    http://www.usimmlaw.com/current_information.htm


    Copying the contents of the website below :


    Visa numbers WERE available July 2nd!!
    We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!

    In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!

    So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.

    USCIS did not use all visa numbers before July 2nd.

    Did USCIS actually use the visa numbers it requested????
    Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.

    In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.

    However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.

    We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!




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  • flipflop
    12-03 04:23 PM
    there are lot of threads abt this topic. search it.

    read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.

    How about a case where AP renewal is pending and previously approved AP has not expired?

    Can you go out of US and come back before previous AP expires?

    What happens when you are out of US on previous AP and "AP renewal" is approved? Is that considered abandoning I-485?

    Thanks and appreciate any replies.



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  • needhelp!
    02-13 04:50 PM
    Lets do it for us!

    IV' ans of Southern California,

    We need your help in making the Admin Fixes Campaign Successful. We are organizing a Southern California IV Meetup and Letter Signing Event this Weekend. We are targeting to get a 1000 letters signed and sent to the White House from our group. We need volunteers to print letter templates, get envelopes/stamps and most importantly bring family, friends and colleagues to this event. Please see below for details about the Venue.

    Where: Woodlands Restaurant 11833 Artesia Blvd, Artesia, CA 90701
    When: Sunday, Feb 17'th
    Start Time: 2 PM

    Please post on this thread if you can print letter templates, bring in envelopes/stamps, bring in family/friends to the venue or help out in any other way. Thanks




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  • Suvendra
    01-11 01:53 PM
    I am on EAD and using AC21 working for new employer.



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  • ras
    10-21 03:22 PM
    Hi, I am in the same boat as you. Can you please provide your experience with filing the future employment I-485 and if AC21 is possible.

    My question is: Can you continue to work for employer B while employer A files future employment I-485 and can we use AC-21 after 180 days without being employed with employer A?


    Curious to know...




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  • alahiri
    06-19 11:33 PM
    In murthy.com website there is the following write up to explain how priority dates are significant after i485 has been filed:

    From: http://www.murthy.com/news/UDpdhdtw.html

    "If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current.""

    However my question is if priority dates really matter for i140 or i485 processing then what are the processing dates published by uscis all about?

    https://egov.uscis.gov/cris/jsps/ptimes.jsp


    Can anyone please clarify wether priority dates really matter after i485 filing?
    As I can see that in NSC i485 of Sept 2006 are being processed.



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  • ebizash
    07-24 05:06 PM
    Sanjay:

    Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.

    I heard contrary to what you mentioned about the fingerprints being valid only for 18 months. I think someone had posted a document from USCIS site that said that they have digitized FPs and can reuse them without having to do fingerprinting every 18 months. I will try to search for that document and will post if I find it




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  • for_gc
    04-27 04:55 PM
    First of all, no need to be so concerned. Also this is not unique situation.

    Just apply for I140 for the EB3 (the labor you just got approved).
    Once you get the EB3 I140 approved, you have 2 ways to port the PD:
    1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).

    2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.

    The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.

    YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.

    My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.

    My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.



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  • InTheMoment
    07-19 10:47 PM
    srarao,

    Why would you get a RFE when you have done the skin test AND a subsequent chest x-ray ?

    The only case that I read where a person got an RFE was when he had done the skin which was positive and inspite of the chest x-ray being negative.
    The RFE he got was because the doctor unneccesarily made a note on the I-693 that a medication course is recommended.

    Hi
    Any guys with RFE on this




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  • amitkhare77
    09-04 09:54 AM
    Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.

    NO, I-485 filing > 180, also the I-140 is approved.

    1. Will there be any effect to my GC process in case CURR Company revokes I-140?
    No. if you send AC21 letter, you will not receive NOID (you might get RFE)

    2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
    Yes

    Here is my thought -
    If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
    so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.

    Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
    just my thought, you might want to validate this with any leagal expert.



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  • India_USA
    04-23 09:13 AM
    1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.
    USCIS says its happening......

    2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
    USCIS has not wasted visas in the past two years............

    3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
    I read somewhere about the memo being withdrawn for more review.............

    Finding a judge who will be favorable to our cause, priceless!!




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  • frostrated
    08-05 04:01 PM
    I think this is like saying.....My friends drove on I-101 at 80 MPH and they never get Ticket. Ahhha....Immigration is like game and we never know when you get trapped.
    Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
    I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
    Yes they can if they have VALID H1/H4 Visa stamping.

    Thanks.....No offense guys.
    VK.

    I had to leave the country on work and was outside for close to 4 months. When I left, I had an approved AP1 in hand, and had applied for AP2. AP2 was approved while I was outside the country. I returned on AP2 with no problems.




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  • akhilmahajan
    10-27 09:28 AM
    New England Chapter Meeting 10/28/07(Sunday) @3:00 PM at Food Court, Burlington Mall, Burlington, MA

    San Jose was the beginning.........................
    July 2nd was the next step..........................
    Washington DC was a bang..........................
    Now lets get together for the supernova........

    Date:- October 28th, 2007 (Sunday)
    Time:- 3:00 PM
    Location : Food Court, Burlington Mall, Burlington, MA

    Agenda
    1. IV awareness campaign
    2. Our experiences at the DC rally and lobby day efforts
    3. Is lawmaker meetings really that important? Does it make a difference?
    4. How can you help IV activities? Distributing Flyers, emails, etc..

    Please spread the message about this meet among your friends.

    If you or your friends haven't joined the New England Chapter, please join the state chapter at http://groups.yahoo.com/group/MA_Immigration_Voice/

    If you have any questions please let me know.

    GO IV GO.
    TOHGETHER WE CAN




    pragir
    07-18 12:51 PM
    The flower campaign has done it job. Now, that ImmigrationVoice's voice has been heard, lets get requests channeled through the right way.




    ngopikrishnan
    07-12 09:47 PM
    AP and EAD Renewal Paper filed at TSC - Self Filed

    USPS'd AP & EAD apps - 6/2
    Reached TSC - 6/3
    Receipt Date - 6/4
    LUDs on AP & EAD apps - 6/11
    AP Approval Email (for myself & spouse) - 6/29
    LUDs on AP apps (for myself & spouse) - 6/30
    APs (for myself & spouse) received on - 7/4

    EAD app for myself is still pending - LUD is still 6/11. I hope TSC approves the EAD as well soon.



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