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  • humdesi
    02-17 03:59 AM
    Which was effectively nullified by


    "Default Re: Predicted Visa Bulletin movement
    Nothing was said, but logically, unless there is worldwide EB3 movement, EB2 for China and India can't advance. EB for India and China have already maxed out for the year and all additional movement is based on leftovers from the rest of the world."




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  • bank_king2003
    04-21 11:59 AM
    greyhair - that was something i tried on my own and i have never represented IV.

    you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.

    this requires a big movement for which IV is a very nice platform. that is the reason i keep shouting on this forum that nothing will happen untill you somehow make uscis held accountable or in this case even congress accountable.

    Filing a Lawsuit against USCIS and CONGRESS together may lead us somewhere.




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  • GotGC??
    01-02 03:30 PM
    Good for you, and glad to know. I have made my past visa appointments on this premise, so do not know how strictly they enforce it.

    But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.

    >>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.


    I got stamped in July-06 while my existing stamp was valid up to 12/31/06..




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  • indianabacklog
    08-13 11:39 AM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.


    From your case alone this is rather a sweeping judgment. I can assure you they do NOT process based on receipt date if they did my husbands EAD which was received on May 3rd would be approved by now and yours would not. He is still waiting thirteen weeks on.



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  • FrankZulu
    08-12 04:26 PM
    As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.

    Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?

    Good morning XXXXXXXXXXX,
    Re: I-485s <Applicant Name>

    I have conversed with those in charge of these cases.
    The United States Citizenship and Immigration Services (USCIS) is
    committed to adjudicating immigration benefits in a timely, efficient
    manner that ensures public safety and national security.

    Toward that end, USCIS requires extensive background checks for every
    application or petition it adjudicates. While background checks for
    most applications or petitions are completed quickly, a small percentage
    of cases involve unresolved background check issues that result in
    adjudication delays.

    Background checks involve more than just the initial submission of and
    response related to biographical information and fingerprints. When
    checks and/or a review of an administrative record reveal an issue
    potentially impacting an applicant's eligibility for the requested
    immigration benefit, further inquiry is needed. The inquiry may include
    an additional interview and/or the need to contact another agency for
    updates or more comprehensive information. If it is determined that an
    outside agency possesses relevant information about a case, USCIS
    requests such information for review. Upon gathering and assessing all
    available information, USCIS then adjudicates the application as
    expeditiously as possible.

    We have checked into your constituent's case and have been assured that
    the agency is aware of your inquiry, and is monitoring progress related
    to it. However, unresolved issues in your constituent's case require
    thorough review before a decision can be rendered. Unfortunately, we
    cannot speculate as to when this review process will be completed.


    We realize that your constituent may feel frustrated by delays related
    to his or her case. As an agency, we must weigh individual
    inconvenience against the broader concerns of public safety and national
    security.

    We hope this information and assurance are helpful. If we may be of
    assistance in the future, please let us know.

    I hope this information is helpful to you. At this time I am closing the
    inquiry on this matter.

    Thank you,

    <Officer Name>

    Immigration Services Officer

    NSC Congressional Unit

    I have tried multiple sources and following is the response:
    * SR (july 19th): No response Yet
    * IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
    * Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
    * Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
    * InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.

    To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?




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  • noone2day78
    02-15 01:17 PM
    Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."

    what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."

    You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
    It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.

    hth!
    ohh is this really true? can u specify a source for this ?



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  • FinalGC
    12-02 02:55 PM
    I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change>>>
    >>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....

    You cannot transfer to H4, since the 6 year limit is for the "H" category.

    I dont think you can work on OPT immediately after applying for F1.

    As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
    => Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)




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  • sss123
    10-15 02:37 PM
    Hi Sam,

    I am in same situation i didn't receive the cards did you find any thing about your card. please let me know it helps me a lot.

    Thanks



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  • vroapp
    12-08 08:10 AM
    McConnell, Mitch- (R - KY)
    (202) 224-2541

    Bunning, Jim- (R - KY)
    (202) 224-4343




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  • logiclife
    04-15 06:54 PM
    I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.

    1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.

    2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.

    By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

    Here is the deal when changing the location while GC is pending:

    1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

    So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

    2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.



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  • krishnam70
    06-18 11:40 AM
    Received RFE for primary applicant (myself) and spouse.
    Please submit evidence of lawful presence from October 1998 until August 17, 2007.
    The documents may include the following:
    A) a photo copy of form I-797 for all extensions and change of status
    B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
    c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record

    Below is my immigration timeline

    CLASS ------ VALID FROM ------ VALID TO ------ Comments
    H1-B -------- 5/16/1995 -------- 5/17/1998
    H1-B -------- 5/17/1998 -------- 5/17/2001
    H1-B -------- 12/23/1999 ------- 6/30/2001
    H1-B -------- 7/1/2001 --------- 9/30/2001
    0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
    EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
    0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
    0-1 --------- 4/3/2007 --------- 3/13/2010
    0-1 ---------- 5/2/2207 --------- 5/12/2009

    After 1/15/05 (EB-1 denial)
    - Left the country on 6/15/05 (less than 6 months)
    - During this time, applied for O-1 visa and got approved
    - Got visa stamping in Chennai with O-1 visa
    Do you see any issues with my response ?

    1. Your Evidence of legal stay can be gathered from the stamps in passport
    2. Take copy of each page of your passport and write a letter with each entry and exit date and the category in which you were admitted in to the country.

    3. O-visa is dual intent.
    http://www.greencardlawyers.com/workvisas/O-1visa.html

    4. Even if they harp upon your stay of 6 months without a status, it should be wiped clean once you were admitted back in to the country. I think there is a precedent and law for this. cannot recall it right now.

    5. I think they are looking for information from your side and the burden of proof is on you to prove that you have been in legal status. Provide all the documentation and sit back. In case of any issues attorney's are there to handle it...

    - good luck




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  • chi_shark
    09-04 12:35 PM
    did you pray for people who died in katrina? or for iraq war casualties?

    Guys,

    Here is the list of people who recently died in my village. Let us all pray for their soul to rest in peace. Please understand that when we can pray for YSR..we can do for these people also. Every life has the same value...dont you agree..

    1. Rasu Devan
    2. Kenkai ammal
    3. Gandhi mathi (lady only).

    Please all do pray for the poor souls. From today onwords I will post all the dead people list in IV and let us all pray for them. Thanks for your support and prayer. Please let your freinds and family know about this and ask them to join in our prayer. Once again thanks guys.

    You are more than welcome to give red dots.



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  • cheg
    08-21 02:59 PM
    Congratulations! All the best to you and your family! You saved a lot of money by filing your gc petition yourself. Very smart! Enjoy!:)




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  • Chiwere
    07-29 08:07 PM
    Conchshell raised a valid point, but instead of seeking cooperation we should try to neutralize CHC - oppose any potential relief to illegals. It is about time we paid them back in the same coin.



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  • RanchCharm
    07-17 07:14 PM
    Hi All,

    I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.

    My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?

    I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?

    Please advise.
    Thanks,
    Nachi




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  • moonlight
    06-20 12:54 PM
    Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.



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  • dazed378
    03-28 03:23 PM
    I sent the documents (tax return and W-7 together) through certified mail and as per USPS tracking, they were delivered on 28th Feb. However, IRS representative said they received my tax return documents on 14th March. I got the refund through direct deposit on 25th March.




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  • Madhuri
    04-06 10:05 PM
    Is the bill really dead? There is a different news on Yahoo.
    Can anybody explain?




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  • solaris27
    02-18 12:17 PM
    anything that is work related is tax deductable as per my CPA .




    gconmymind
    09-29 03:35 PM
    I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.

    Hope there are a few more approvals today and tomorrow before dates retrogress...




    sobers
    03-01 06:19 PM
    Look at what NumbersUSA has got to say about the effectiveness of its mass faxing/emailing strategy...

    -------------------------


    From: Roy Beck, President, NumbersUSA
    Date: Wednesday 1MAR06 5:30 p.m. EST


    Day 3-----Media confirm your calls/faxes making a difference in fighting Specter's amnesty


    YOUR CONTINUED PHONE CALLS AND FAXES ARE BRINGING PAIN TO SENATORS WHO WANTED TO PASS AN AMNESTY

    NEWS ITEM
    "Despite the breadth of interest groups
    advocating an expanded guest-worker program,
    the enforcement-only crowd makes considerably
    more noise on Capitol Hill, if the flood
    of mail, e-mail and phone calls to member
    offices is any indication."

    The power of what you are doing has been confirmed in a big story in The Hill newspaper. This daily publication is the community newspaper for the tens of thousands of people who work in congressional offices on Capitol Hill.

    It claims that the power of your phoning and faxing may be countering the power of the Chamber of Commerce, religious lobbies, ethnic lobbies, ACLU and cheap-labor corporations combined.

    With the Senate Judiciary Committee prepared to start tomorrow (Thursday) voting on amendments to the giant amnesty bill of its chairman, Sen. Specter, the newspaper stated that the open borders positions are supported by one of the largest and most powerful blocs of groups ever assembled.

    But the newspaper reported that you all may be more influential:

    "A handful of single-issue groups opposing
    the guest-worker program have effectively
    put the other side on the defensive since
    President Bush first announced his intentions
    to push comprehensive immigration reform, as
    evidenced by the administration's backtracking
    since Bush first proposed such a program in
    January 2004.

    "One of those groups, Numbers USA, has 135,000
    registered activists throughout the country and
    an e-mail list in excess of 1 million subscribers,
    all of whom have signed up voluntarily, said
    Caroline Espinosa, a spokeswoman for the group.
    A link on the Numbers USA website also allows browsers
    to fax a personal note to members of Congress in
    support of increased enforcement of illegal immigration."

    None of this changes the fact that most Senators want to have 2 million to 3 million foreign workers and their families being added to our laborforce and communities each year.

    But we are getting reports from the Hill and from many of you that many of them are starting to show some signs of concern about how their open-borders voting may affect their standing back home.

    We don't like being called "anti-immigration," but we like what the reporter said he found in talking to people in the Senate:

    "The anti-immigration crowd has political momentum
    at this stage in the fight, with congressional
    Republicans wary to cast any vote that could turn
    off their conservative base during this critical
    election year, but members will also have a hard
    time ignoring such a broad cross-section of business,
    labor and social groups with their own self-interested
    constituents."

    Now, if we could just get more Democratic Senators to start worrying about their base.

    Well, we got a little sign of hope on that front today. The AFL-CIO -- which is selling out its tradition and its American members by pushing an amnesty -- has come out against Specter's and McCain's amnesty bills because they have gigantic foreign guestworker programs. That gives hope that some Democratic Senators would vote against these bills. And it is doubtful that the Republican open-border Senators would vote for an amnesty that didn't include the guestworker provisions so sought by the Chamber of Commerce.

    PLEASE CHECK YOUR ACTION BUFFET AND KEEP MAKING YOUR PHONE CALLS AND SENDING YOUR FAXES

    What you have been doing is working. You have kept phones and fax machines ringing since first-thing Monday morning through this minute. Do not let up.

    Click here for actions to take.
    www.NumbersUSA.com/actionbuffet

    WATCH FOR BY-THE-MINUTE ALERTS ON THURSDAY AS WE ASK YOU TO REACT TO SENATORS IMMEDIATELY AFTER THEY TAKE BAD ACTIONS IN COMMITTEE

    Our seven-person Capitol Hill Team of professionals will be in the Committee Room and other key Capitol Hill locations all day assisting our six-person Website Team to provide you with updates and help in where your activism can do the most good.

    The reason you NumbersUSA activists are seen as the primary constituency pressure force on the Hill in pushing sensible immigration policies is because of the work that I know most of you will do tomorrow.
    GET ALL THE INFORMATION YOU NEED ABOUT THE SPECTER BILL AND THE ACTION IN THE SENATE

    Just go to our Hot Topics page, which has links for detailed analysis of the bill.

    http://numbersusa.com/hottopic/specterproposal.html

    Thanks for all you can do. And thanks for all the reports that you have been sending back to us on what you hear when you call. Our Capitol Team makes good use of your reports.

    DON'T LET UP,

    -- ROY

    If you have time, you might enjoy reading some more of The Hill article:

    "Numbers USA also does objective and subjective
    summaries of each bill introduced on the issue
    and notifies subscribers in advance of any
    important actions on Capitol Hill, such as this
    week's markup. As such, the group was expected to
    send an alert asking those supporters living in
    states represented by members of the Senate
    Judiciary Committee to call or fax their members
    in anticipation of that markup.

    "Battling with groups like Numbers USA is an
    uncommon experience for many members of the business
    community because they do not regularly work on
    such socially sensitive topics.

    "We don't usually end up on the other side of single-issue groups," Gay said. "That's unusual for us."

    * * * * *

    "The National Restaurant Association usually does not join forces with the National Council of La Raza, and the U.S. Chamber of Commerce rarely, if ever, aligns itself with the Conference of Catholic Bishops.

    "But those organizations and many others have come together in support of a comprehensive immigration-reform bill that would expand guest-worker programs and offer undocumented workers already in this country a path to citizenship. They are up against an aggressive cross-section of single-issue organizations that favor increased enforcement of immigration laws and have condemned any legislation that would allow undocumented workers already here eventually to become citizens.

    "With the Senate Judiciary Committee expected to mark up its version of the immigration bill Thursday, groups on either side of the issue have geared up for a hard fight, and the vehemence and intractability of either side should make compromise particularly difficult for lawmakers on Capitol Hill.

    "A unique coalition of divergent interest groups have rallied in support of a bill introduced by Sens. John McCain (R-Ariz.) and Edward Kennedy (D-Mass.).

    "he fact that the Chamber of Commerce needs comprehensive immigration reform is very good," said Flavia Jimenez, an outreach director for the National Council of La Raza, a Hispanic advocacy organization.

    "Members of the business community also appreciate working with groups such as La Raza because it allows the overarching coalition to communicate with Republicans and Democrats alike on Capitol Hill.

    "It's nice actually to get to work with these guys," said John Gay, a senior vice president for government affairs with the National Restaurant Association, which co-chairs the Essential Worker Immigration Coalition (EWIC), a group of more than 40 business and trade associations seeking comprehensive reform.

    "Because the many groups within this broad coalition have slightly different priorities, they must communicate regularly to push common themes. In the end, these organizations are all fighting for what they consider the best interests of their dues-paying members.

    "Despite the breadth of interest groups
    advocating an expanded guest-worker program,
    the enforcement-only crowd makes considerably
    more noise on Capitol Hill, if the flood
    of mail, e-mail and phone calls to member
    offices is any indication."


    This may be a good time for you to make sure that you've let us know all of the areas you are interested in. In order to further customize the type of alerts you receive click here http://www.numbersusa.com/survey?action=longlist

    As a NumbersUSA subscriber, you will receive occasional emails about immigration-related opportunities. If you want to increase or reduce the frequency of these emails, click here and choose from Total Activism, Moderate Activism, or Limited Activism at the bottom of your registration form: http://www.numbersusa.com/user

    NumbersUSA - relies upon individuals like you to reach its goal of an environmentally sustainable and economically just America.



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