Monday, June 13, 2011

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  • jest_1
    08-12 11:04 AM
    What about a scenario like this.. If you had some gaps (less than 180 days), but left and re-entered and then filed your I-485. Would it still be an issue or does 245k cover this scenario ?




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  • copsmart
    09-16 09:46 AM
    My case is little bit different.

    EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.


    Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Approval notice sent.

    On August 13, 2008, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION.




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  • reverendflash
    10-21 04:31 AM
    :sleep:

    Rev:elderly:




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  • mmanurker
    10-06 04:32 PM
    We(My wife and I) recently (July 2009) got our FPs done. immediately after that our cases got transferred from TSC to VSC.

    PD: Feb 14, 2005.

    I thought VSC is not processing any I-485 applications. Is anyone else in the same status ?

    Also, I have to apply for EAD and AP.. Do I apply in TSC or VSC ?:confused:

    Please help! :(

    yes, this happened with me as well...In last 10 days I have regular updates on my 485

    Initially filed at TSC--->Transferred to VSC then back to TSC and then again to Nebraska and today they transferred to a USCIS office(i guess it means to a local office, Now I am guessing they might ask me to appear in-person at their local office.)..very strange. as u can see I am in EB3 and my 140 is also not approved...



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  • msr999
    08-14 07:30 PM
    Sorry for the dumb question. My status changed today and it said " On August 14, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you". Does this mean my greencard approved?

    Category: EB2
    Priority Date: 11/15/2004
    Receipt Date : 08/17/2007




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  • mmanurker
    09-25 04:45 PM
    I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."

    Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?

    Would appreciate any opinions on this matter. Thank you.

    Do you mind sharing the name of your lawyer?

    yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.



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  • yabadaba
    07-09 04:31 PM
    sledgeehammer...this is eb2 india poll. retrogression happened in october 2005 for eb2 india... how will someone with a 2006 priority date file their 485?

    gcchahiye has
    clearly said do not include the july filing as a factor in this poll.. he used the macaca color scheme also




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  • stemcell
    02-28 10:36 AM
    Hi Guys,

    I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.

    Will appreciate if u could help.



    Thank you in advance.

    Please ask relevant questions in this forum.
    Asking about taxes,home buying,etc etc just is beyond the purpose of this forum.:confused:



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  • gveerab
    09-12 05:19 PM
    Last month I filed using E-file system and got the AP within a month, I am very happy with E-file system. I used for both EAD and AP. Some people said we need to give fingerprints, if we file using e-file. But I didn't receive finger print notice.

    Below are the answers for your questions

    1) AP is a permission to travel, if you are not planning to travel plans need not renew. But it's good idea to renew, for emergency purpose. You need not worry about expiry date, it's not a Visa. EAD also same, I applied after my first EAD expired and got the new EAD.
    2) I am not sure about your second question, but if you use e-file,system will take care for u.
    3) You need not enter Attorney's name, you need to enter your name in self filing section. All the future communication including approval and receipt will come to you.

    Thanks,
    Veera

    Hi,
    I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.

    1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
    2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
    3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
    4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?

    Thank you.




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  • ngopikrishnan
    04-06 08:09 AM
    sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

    Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

    3 Year Extension Statute under AC21 �104(c)
    �104(c) One-Time Protection Under Per Country Ceiling.

    Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

    1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

    2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

    The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

    (a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

    Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

    1. Procedure for processing “one-time protection” benefits

    In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

    The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

    Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

    III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

    Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
    Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

    Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
    Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

    Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
    Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

    P.S.

    1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

    2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Please take the above info with a grain of salt and consult your lawyer!!!



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  • Administrator2
    10-22 12:19 PM
    Please do not lose heart. We are working behind the scenes to get things moving. Nothing will happen just for EB3. Things will happen for everybody together. Don't ever let anyone fool you saying that something will happen only for EB3-I or EB2-ROW. Because no matter how much we want, things don't work like that. Everything will get done tother for all categories. We are causiously optimistic about the bill in Jan-2010. Hang tight and please actively participate in the action items.




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  • crazymish
    03-05 02:15 PM
    Hi People,

    I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.

    I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.

    Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.

    Would appreciate a little insight here.

    Thx,
    M



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  • chanduv23
    12-05 08:23 AM
    Overall, what I feel is, anyone can screw up. There is no gaurantee on immigration lawyers. Immigration law is very complicated, every decision is made on a case to case basis, and there are no proper defined protocols, most immigration laws when implemented, these lawyers deal with them on trial and error basis, so when INS changes their ways, these lawyers seem to have screwed up, but then these lawyers adapt to the change, unfortunately the immigrant suffers. Thats how this system is.
    do not name lawyers in your posts- admin




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  • GC08
    08-21 07:34 PM
    Looks like more chaos has come. Nowadays nothing is working properly. How can they allow a 4 month difference in processing I140 between the 2 centers? What happened in NSC? NSC must have won the imcompetence contest among all those agencies. :-)



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  • uma001
    07-21 06:33 PM
    Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.


    It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
    So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
    Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?




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  • pd_recapturing
    07-18 04:49 PM
    --------------------------------------------------------------------------------

    Hi guys, I have a approved EB3 I-140 with PD of May 2004. I recently applied a new EB2 I-140 under the PP to port PD and got RFE. RFE has been replied by my lawyer on 07/06 and we are waiting for their decision any moment.Now, as I am going to apply my I-485, what will be my best bet? to go with approved EB3 I 140 or go with receipt notice of pending PP EB2 I-140? If I go with EB3 I140, can I amend my application at a later point of time with EB2 I 140? Please help.



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  • bp333
    11-13 05:03 PM
    That is GREAT!

    I can understand what you have gone through and it must be a big relief for you !

    Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)

    Good luck and enjoy the feleing now

    Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..

    I am very positive that your friends filing will get through as well.




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  • mzdial
    February 26th, 2004, 10:24 PM
    Rob,

    I was a big fan of PhotoSig when I discovered it about a year ago.. I loved to look through others photos and also share some to have critiqued.. Here's my old user page over there:

    My photosig page (http://www.photosig.com/go/users/userphotos?id=38138)

    I haven't updated this in about a year. I'd love to see something like that over here.. I just haven't found the galleries as easy to look through as I did over there.. I actually quit going there when they changed the system and the overkill of nudes that were just distasteful.

    -- Matt


    If every member critiques 5 photos a week, in no time, all photos will have comments.

    I don't know about you, but I love comments, good or bad about my photos...

    many help me to focus efforts and make better images...

    Thoughts??




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  • casinoroyale
    03-31 02:02 PM
    Yes, immigration officers at field offices do not have knowledge of what happened on July 2nd. Even today when I atteneded Infopass, I tried to remind the story by saying July 2nd event and she had no clue what happend on that date.

    Here is a link taken from other thread from IV
    http://www.murthy.com/mb_pdf/030609_P.html




    mbartosik
    02-20 07:21 PM
    As per this post http://immigrationvoice.org/forum/showthread.php?t=17450
    EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.

    If that is the case, we can all think of a few reasons why that might be.




    greatguy
    02-16 11:42 AM
    I know 485 cannot be filed without PD being current. Can one do consular processing without being dependent on PDS:p



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