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  • gene77
    10-22 10:36 AM
    Thanks pd_recapturing, I'll look forward to your updates as I want to submit my inter-filing as soon as my 2nd I-140 is approved - should take another few weeks considering that we just submitted proof against a RFE.





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  • gbof
    10-25 03:14 PM
    My case is very straight-forward but some really inefficient guy is making it complicated. I need your experience and inputs. Please do advise.

    I came to US on J-1 in 2000. After 3-years on J-1 got 'waiver (i-612)" and then moved on to H1B visa and filed I-485 in july07 (with an approved I-140). I have stayed with the same university medical school (my GC sponsor) since 2000. Last month, I got a simple RFE --asking for a copy of approval notice of 'waiver' . Same was sent within a day and it followed with several LUDs and read rfe response received.....

    Last week, got 'Notice of Intent to Deny (NOID)' for myself and same/ditto for my derivative-spouse. It is asking both of us to provide evidence/ IAP-66 and H1B approvals to prove our legal status from 2000 to 2006 (Please, note they asked only until 2006 and not until today). I have IAP-66 and H1B approvals ready to respond to this.

    My Question is: Since my spouse/derivative was my dependant and was on J-2 visa, the IAP-66 were all in my name how should we respond to derivative's noid as-far-as IAP-66 approvals are concerned. We know IAPs and waiver are good for dependants and I want to end this back-and-forth with my response to uscis.

    Please, advise and let me know of your thoughts....





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  • addsf345
    11-12 02:09 PM
    USCIS is already aware of this. They have been notified through AILA and our letters are also working. IV has also been pushing for more broader AC21 regulations for a few months now.

    Our request from IV is to keep sending the letters. Please send letters in thousands - not like 50 to 60 letters.

    Everyone must take initiative and push other members. It is a very importasnt campaign.

    It is very much possible that a lot of you may be a victim of AC21 denials. It is your call.

    Please take responsibility and everyone must come forward and bring others also into this campaign.

    This is encouraging. chandu, I read somewhere (mostly on murhty) that CIS will be publishing new AC21 soon and it is expected to be more stricter. Is this just the speculation or any other indications are received?? any idea? I am afraid that what will happen to people who already have used AC21 by following what currently exists???????





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  • pappu
    09-19 07:23 AM
    Friends , I was enquiring about Connecticut , but I am pleased to know about all the states.

    beppenyc , Do you get your license till I-94 date or beyond it in NYC. Also my wife has the international driving permit , will that help?


    Also will it be good idea to collect this info and publish it so that all of us know the rules and regulations of each state , this will help people immensely in situtaions like I am in ?
    There are no hassles for DL renewal in CT. you will be ok.



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  • desi3933
    02-10 02:47 PM
    I had my GC approved out of line last year in aug [was current (pd march 2006), but processing time wasn't current for texas at that time]. EADs for both me and my spouse had been approved like 1 week before this happened. Hers was for 2 yrs and mine for 1 yr. What happens to her application if I loose my job or leave my job ? I am the primary.

    Since that I-485 is a derivative application, your job change should not impact her pending I-485 application.

    _______________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • sku
    12-26 10:38 AM
    So you mean I should not even think of invoking AC21 EVEN after 180 days ?



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  • hanu0913
    08-13 07:57 PM
    Originally Posted by ImmiUser
    Hi Ron,

    DOS moved the bulletin further for EB2 India. I remember you were telling in earlier blogs that you have got information from DOS that there are only a handful of visas left over. So I am not sure what DOS/USCIS is up to. USICIS is adjudicating all the applications for PD 2006 and beyond while putting the 2004 and 2005 applications in dark.

    It would have been much helpful had DOS put forth the no. of visas still left over.

    What's your take on the latest visa bulletin.

    Thanks


    Answer by Ron

    They did say that they only had "a handful" of visas left. This advance is not necessarily inconsistent with that earlier statement. In order to use up visas and avoid waste, the Visa Office has to manage the quota to make sure that there are enough applications AND ADJUDICATIONS to exhaust the quota. They have no control over the CIS, but they do have control over the overseas consular posts.

    What this tells me is that the CIS is doing nothing (or next to nothing) to use up India and China E2 numbers. By advancing the cutoff dates last month, VO was able to make more cases at overseas posts available for close out. Since the CIS obviously did not use many China/India E2 numbers in July and August, VO has had to advance the cutoff dates again to make enough cases pending at consular posts available to use up those few remaining numbers.
    __________________





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  • krishna
    02-05 12:44 PM
    I was in a similar situation where i had two petitions one expiring in 4 months and another expiring in a year and i got the stamp for the remaining 1 year 4 months. The guys outside take only one petition as you have to schedule an appointment with only one petition (i.e. I797). When you go to the window to talk to the Consular Officer you should tell him that you have another petition and get a stamp for the entire validity of the 2 petitions. I asked the CO in a very polite way and he obliged.



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  • ashres11
    07-30 03:54 PM
    My priority date is EB3 (August 2005). Last week her status changed to following. The thing is I checked with my lawyer & my employer and both said that they never received any RFE or never responded anything for my wife to USCIS.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Response to request for evidence received, and case processing has resumed.

    On July 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.





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  • coopheal
    04-18 07:10 AM
    Update:
    The Doctor admitted his mistake.
    He completely forgot to mark the TB test earlier.
    He was ready to back date to avoid more inconveniance to me.
    But I told him to be sincere in all aspects.
    I basically forced him to give my wife a TB test again and also the x-ray.
    Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
    Hopefully they will mark the case as - resume processing.

    I also had some issues with my medical exam. Lesson learned is to have civil surgeon verify and double verify
    the information entered in the exam.
    Best luck to you.



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  • swadeshi
    10-05 12:41 PM
    Please help me. There is no LUD on my status online. I had my finger printing done on sept 19. CODE 3. For both my husband and me!! I don't see any updates on the status online. Can someone tell me what I should do? FBI says they sent the prints the same day!!!!

    Am I stuck in Name check already?? How do you know this?????

    I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?

    PLEASE HELP. YOUR ADVICE WILL BE VALUABLE TO ME IMMENSELY

    Hang in there is all one can say, there are hundreds of people still waiting for their RN, without checks being cashed whats the hurry?? didn't you see news that USCIS received 800,000 485 packages!! it might take time but wht can u or I do!!





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  • rongha_2000
    05-13 05:09 PM
    A few question related to the database:

    1) Is the received date the same as the date the labor was filed (in other words, the priority date)
    2) The 2005 and after database structure does not have employee name, and there are multiple records found on "prioirty" date, is there any other field that can be verified from other documents like the case number etc? How to nail down to exact record for me?
    3) Is the SOC code the same as what we should be looking for "same or similar" job?
    4) Assuming answer to above Q is yes, from where can we find detailed job duties for these codes?

    Thanks cool_desi_gc, this is a very good tool provided we know how to correctly interpret the data.

    Dude,

    http://www.flcdatacenter.com/CasePerm.aspx

    There are MS Access database files for each year.Depending on which year your labor is filed, download the Access db.

    For eax, mine was Dec 2002.I downlaoded 2002,03,04.My record was found in 2004 database.

    If you open the Access db (You need to have MS Access to view these files.If you dont have it, downlaod the free trail version from microsoft.com)

    If you open the file, it is the database of all the Labors that are filed in that year.One of the attribute is the Employee name.You can also search on Attorney name.

    If I were you, i would first filter on Employee State and then search for the Employee name.

    Its simple.Try it and let me know if you need further help.

    Good luck



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  • snathan
    03-16 01:52 PM
    well - for the antis - the ONLY post they liked seems to be "pack your bags and go home". Lets not try to force ourselves to satisfy them.

    Now, when it comes to out of status issues - lot of people do genuinely fall out of status. There is nothing called exploiting the loophole unless someone breaks the laws.

    It is obvious that one must not be on bench, or after layoff without a job. There is no room for loopholes.

    We have always seen that USCIS does treat every petition for renewal on a case to case basis. Grace period (considerable) has been considered for genuine cases.

    Infighting is common - it happens everywhere. People seldom change.

    See - IV is not something like a freedom movement or asking for rights for poor or downtrodden - IV is basically a group of immigrants who are skilled and well educated who want to lobby for a change in system and sort issues. Everyone here has their own selfish motive and that's why this infighting among eb2 vs eb3 , MS vs BS, India vs ROW et al......

    So lets not worry too much because antis paint all of us together because of actions of some people. If people realize and change - well it is good for all - otherwise - "we cannot make the horse drink water .." you know what I mean

    I agree with most of the points. Don�t we need to have moderate this site to keep junkies and illegal out of this site.





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  • CRAZYMONK
    08-04 08:38 AM
    Congrats for the painless Visa stamping.

    If you are on EAD before leaving US, you better to continue the same status. Their might be a situation for USCIS considering giving up your AOS, if you enter US on H1b while you were on EAD before leaving US.



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  • nb_des
    10-09 02:37 PM
    It will be other way round that nurses/PT will be stuck waiting for EB3 dates in April 01. Most of nurses/PT will have PD of 06 or 05.
    Do not forget that the nurses / ph Therapist category swallows bunch of or all of EB3 visa numbers. This category is always current and they can make this EB3 to get stuck in April 22'01 for years.

    Unfortunately most of the nurses also come from India I beleive. Some come south africa and phillipines. Do we have any data on this anywhere?





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  • genscn
    05-30 04:05 PM
    But again as I mentioned before, if US has shortage of skilled workers, they can fulfill the shortage within few months. If we all go, another batch of temporary workers can be brought in without any loses, that too in few months (On some different VISA if H1 B is abolished), so I don�t see any economic impact on the country like people say �US Economy will go down if there is no H1 B visa�



    It is not that hard to imagine at all.
    500K h1b holders having $60K jobs (on average) means $30 billion to the US economy. That is only .002% of US GDP but that is still a *lot* of money.

    Remember the Swift meat packing plant raids. They cost Swift $45-50M they claim. That is greater than the wages of the workers rounded up. Probably around double. If IBM started feeling that hurt, they'd be summoning their representatives to their offices.



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  • nowhereman
    01-31 09:55 AM
    Stay in the US

    I went through similar circumstances and finally I found that US was the better choice

    Thanks gcpool for your reply. My question though is that is it pretty much guaranteed that the green card will come through after the 140 clears? I ask because just today the USCIS website updated to say that they sent out a RFE for our 140.

    The risk/reward matrix for my situation is as follows:

    Stay in USA/green card comes = most assurance of good job and pay.
    Go to Canada/green card denied= harder to find job and less pay, but at least not deported.
    Go to Canada/green card comes = I'll survive, but there's the possibility that I'll be kicking myself for a long time.
    Stay in USA/green card denied = I'll probably jump off a building. :D

    So you see it pretty much all depends on how much assurance there is of getting the green card after 140 clears.





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  • nixstor
    01-22 11:18 PM
    Lets say her H4 expires on Apr 10th 07. If her I 129 application is filed on Apr 1st, Do you think her I 129 is considered to be ok? Again, USCIS wont be able to generate a receipt notice with in 10 days and assuming that the receipt notice will be generated after Apr 10th, what kind of impact will it have as her H4 would have expired by Apr 10 th? It looks like the bi specialization program is causing more delays because the cases need to be transferred from VSC to CSC. As Andy pointed out, there is no guarentee service for H4 approval with PP.





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  • sys_manus
    11-15 12:34 PM
    That is because I see lot of kids come to "what was the name again" schools with megre or no GRE scores just to land here once they get to OPT they get 8 - 10 yrs of experience out of nowhere and they are out in the job market. I can spend all day writing about them, the school and the quality of education but it is not going to do any difference.





    ken
    08-11 02:14 PM
    My case was also transfered to Local office Miami,Fl back in April 2008.

    I opened a thread too here is a link : http://immigrationvoice.org/forum/showthread.php?t=18438

    Even I called USCIS and they told me that they don't have any clue why it is transfered.





    kumar1
    05-06 04:37 PM
    Missouri State -- Same thing -- They denied my wife's application to give her in-state tuition. I threatened to file a law suit and proved them that CBHE (Central Board for Higher Education) rules are on my side. University interprets those rules in their favor. After 4 months, my wife got in-state; we saved some 20K in tuition over 24 months. After that they changed the rules and now it specifically says � you have to have a GC!

    DO NOT GIVE UP! This is a capitalist country and everyone wants more money.



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