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  • sanprabhu
    01-30 09:24 AM
    Don't go by Online status message in USCIS website. It is a bull and often flat out incorrect.




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  • mrajatish
    11-17 12:00 PM
    Yes, I think this is absolutely true - infact, I have given myself till 2007 end for that specific reason. If nothing changes by 2007 June/July, I will start looking at Australia, Canada, UK and India (most likely I will go back to India).

    I might come back when this country changes, and believe me, it will change, esp. when people from baby-boomer generation retires.




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  • needhelp!
    03-09 01:59 PM
    Some of you have been receiving the USCIS response about your FOIA request.

    Please use the following template to compose your response (you may email it to the address provided)


    ______________________________________

    Email: uscis.foia@dhs.gov
    Fax: (816) 350-5785

    U.S. Citizenship and Immigration Services
    National Records Center, FOIA/PA Office
    P. O. Box 648010
    Lee�s Summit, MO 64064-8010


    Dear FOIA officer,

    Thank you for responding to my FOIA request NRCXXXXXXX dated mm/dd/yyyy. I would like to know more information about the following.

    (1) Can NRC extract data based on the country of birth or Nationality given that Country of Chargeability is not captured until the end of the adjudication process?

    (2) I would like to know how long will NRC take to provide a response once I pay the fee. I am not looking for an exact number of days. How ever, an estimate of how long it will take to provide the information sought would be very helpful.

    You asked me to define the priority date.

    Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied. For cases without an underlying labor certification, Priority Date is the date on which the I-140 petition was applied for. Priority date is NOT the date USCIS has received the AOS/I-485 application. For example, An applicant with a priority date of 12/10/2001 might have filed the AOS/485 on 07/19/2007 and another applicant with a prioirty date of 04/23/2004 might have filed the AOS/485 on 07/30/2005. INA act prescribes that the priority date be used in granting permanent residency to AOS applicants. I am looking for information on pending AOS/485 applications sorted by the priority date of the applications for every quarter of the USCIS/DHS fiscal year starting from year 2001 for the requested 14 categories for primary applicants, spouses and children.

    (3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)

    Thanks,
    XXXXX




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  • akgind
    04-21 06:18 PM
    Well California is not same....they took 4 months to renew my lisence....and its purely based on the expiry of the H1B I-94 :mad:

    I renewed my CA license last year. Gave them my expiring license, SS card, and proof of residence. Got new DL valid till 2011. I am on H-1 with a valid EAD.



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  • add78
    06-11 08:56 AM
    This is a first step in the full reinstatement of PP for 140. As USCIS has said before, due to the immense backlog they cannot adjudicate all 140 PPs in the 15-day window but they are in need of the extra $1500 that PP fetches them. This will enable them to get a little more $$ for a relatively smaller 140 cases upgraded to PP which they could adjudicate in 15 days. It also alleviates the stranded folks who could not extend H-1 if Perm was <365 and 140 pending. Let us see in time (a few months at least) how much backlog is cleared as USCIS diverts more resources to 140 cases.




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  • ksrk
    09-15 03:51 PM
    CIR does not help LEGALS .. its for people who broke US LAWs

    We do not need CIR ..

    It doesn't have to be. We should make it ours too!



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  • pnjbindia
    10-08 03:48 PM
    gasat,
    No one can predict what the visa bullitin will do in the coming months. My suggestion is that atleast go and get a court marriage done if you can before May2008. It is possible that your PD may become current by May 2008. But no one can say that for sure...

    Hi. I am still unmarried. But i applied for my I-485 when it was current last month . My priority date iss Nov2004 in EB2. Currently it is April2004. I might not be able to get married till May2008. Would i be getting GC by then or is there chances of getting delayed. Please let me know
    Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.

    Please clarify.




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  • p7810456
    01-10 03:53 PM
    I applied mine on 11th of May, 2007.. EB3 India..

    Got RFE on 4th of December, replied the same week, they got it on 27th of December. Online status says "Processing has resumed..!!!"

    In RFE.. they asked for last year's W2 and my current paystub.

    Still waiting..



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  • green_card_curious
    03-07 06:52 PM
    No. I am an environmental engineer working in Consulting Industry (5 journal articles; 4 conference proceedings).

    I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.

    Thanks for your time.




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  • vin13
    03-31 03:22 PM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Congratulations!

    You have a Oct 04 priority date. Your date was current for quite some time. What took them so long? Did you switch from Eb3 to Eb2?



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  • amsgc
    06-15 11:40 PM
    I just read the instructions on initial evidence on the I-485. Nowhere does it ask you for passport details - only for page with nonimmigrant visa, if obtained in the last one year.

    Why are people asking questions about passport validity? What am I missing here - please enlighten.

    Thank you.

    Ams

    Passport should be valid for more than 6 months for applying I 485.
    If somebody can answer that would begreat




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  • abhijitp
    06-21 02:48 PM
    Also : 140 gets rejected in following cases:

    1. Degree compatability
    2. Exp + degree in EB2
    3. Financial ability of firm - this only with bad records

    i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.

    BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.

    I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)

    But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.

    When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.

    Comments/suggestions welcome.

    Thanks!
    Abhijit



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  • furiouspride
    01-04 09:43 PM
    Hi Chris,

    I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.

    Thanks in advance

    Next time, instead of digging up a 3 year old thread, try the PM feature :)




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  • sobers
    02-21 03:59 PM
    good job, eb3_nepa!!

    While you're at it, why don't you also copy and paste all the articles/news stories that support skilled worker immigration that are on this site, and send them across too.

    That will help them tremendously, since congressional staffers are often pressed for time and cannot gather all the supporting information by themselves.

    Thanks! Keep it up!



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  • aristotle
    04-05 06:52 PM
    You can get an extension using A's 140 only if it was not revoked.

    Perm.. I was exactly in the same boat as u were but I went ahead and changed the job from company A to company B and got 3 year extension till 10/09. Then I went to India and got the visa stamped till 10/09. My new employer i.e. company B has now started processing my GC again.. Now, let us see if I can port my PD of 12/05 with company B.

    My question is if I decide to move again to company C [Not gonna do] or my new employer i.e. company B fires me [U never know] i.e. in case if I do not have labor or 140 done with my new employer i.e. company B and say I ran out of H1B at the end of 10/09, then can I get further 3 year extension with company B or new company C on approved 140 from previous employer i.e. Company A?

    Thanks!!




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  • H1B-GC
    06-25 09:54 AM
    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.

    D...3933,

    A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?

    Below are the links that might be of interest. a discussion is going on i other immigration forum.

    FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)

    US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)

    Thanks for your thoughts on this!!



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  • tulips
    05-25 08:51 AM
    Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?




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  • axp817
    04-09 02:54 PM
    Is this legal?

    Yes.

    Is it a common practice?

    Apparently.


    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.

    Good luck.




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  • SAMK
    02-01 01:47 PM
    Specifically how long were you in US before you started your CPT and in what capacity and where were you working ?




    taxila
    10-17 03:10 PM
    Hi ArunAntonio,

    I recently booked a visa appointment for my daughter at Chennai consulate. You need to fill both I-156 and I-157. The problem you are facing may be due to pop up blocking. Disable the pop up blocker for the vfs site. It may work. It worked for me.

    All the best.




    hsm2007
    09-21 07:42 AM
    Does it matter if it is Junior attorney or senior attorney in Murthy firm. I am not getting any appointments with senior until Friday.




    First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.

    During discussion bring up the topic of new employment (C) as well .

    If you have the format from your current company attorney , show it to them .

    It might be simpler then you are thinking.



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