الاثنين، 27 يونيو 2011

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  • raysaikat
    04-17 12:46 AM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

    Here is what I understand, but make sure you seek professional opinion before making any move.

    He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.




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  • gc28262
    07-19 08:36 AM
    Hi Folks
    My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
    <> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
    <> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
    My online profile won't show current address - just an application online to change the same.
    Any insights will help
    Ram

    Call customer service. Tell them you want to verify that USCIS has the correct address on file for you. They will verify whether the address they have is the current one. If not, ask them to update it.




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  • njdude26
    04-08 05:08 PM
    Then what do you do if you dont have a candian permit ??
    Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as

    1. your stay in canada is not more than 30 days
    2. you did not appear for the visa interview (@US consulate) in canada.
    3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.

    This is called as "Automatica visa Revalidation" rule.

    In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).

    --HumHongeKamiyab




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  • B+ve
    09-01 06:12 PM
    I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.

    Thank you all for the congrats !!

    Hi priderock,
    Congratulation for being greened !!!

    Can you please share your Notice Date?
    I believe they are approving cases with Notice Date earlier than their processing date(Aug 30, 2007 for Texas Ser. Center).

    Thanks,
    B+ve



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  • waitingnwaiting
    12-10 08:10 AM
    Its so depressing & frustrating Not to see any movement in EB2 dates. For the past 3 months there had been no movement in the EB2 dates. Every time I open with a hope that something will happen but its the same shit each time.
    Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.

    You are EB2 and should be very happy. Imagine the pain of EB3 guys.

    You will get your greencard in no time.

    If you are depressed and frustrated in EB2, what do you think EB3 is?




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  • pappu
    03-27 12:08 PM
    IV can contact this organization since they have contact with media and have done research on immigration

    http://www.epic.org/epic/board/burnham/

    http://trac.syr.edu/tracdhs/index.html



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  • iman.karta
    04-23 11:32 AM
    Quick question you said they asked you to submit your legal status papers since 1999 which was when you went out of country? I have 2 questions

    1) Since when have you been in US, rather first time when did you come to US

    2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation


    your responses will be appreciated.

    Rockstart,

    I apologize for the tardy response.
    I first entered the US in 1997 using F-1 visa. I traveled back to Indonesia (my home country) 1999 for the holiday. After that, I never travelled out of the US. Since then, I have worked and obtained H1-B and am in the last stage of I-485. PD is ROW (of course) and biometrics code 3 was done a while ago. Hence, I believe USCIS requested RFE since 1999; the last time I travelled out of the country.
    I always maintain a legal status.

    I hope this helps. If you have rather a more personal msg, please feel free to email me. I am more than glad to give you more info and help you.




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  • overhere
    07-18 08:28 AM
    So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.

    yes, i think so. your pd will definitely be august if you're going to file your 140 and 485 in august (before the 17th). don't forget to file ead (765) and ap (131) together with the 140 and 485.



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  • snathan
    06-07 01:03 PM
    I recently renewed my license in Oklahoma and was surprised to find out that on top of shorter expiration date, now my license has �TEMPORARY� written across it. This is new rule that OK is applying for non-residents and non-citizens. Has any body else gone thru similar experience? I am outraged that now I will be discriminated every where. DL is used on day to day basis and every body will question me, suspect me as to why �TEMPORARY� is written on my DL. Even DL office was not sure when this new rule was implemented, how come police officers, general public will know about it. I feel ashamed to even show my DL now. I�ll get hard time getting loans etc b/c people will think I may move out any time as I am here �Temporarily�

    Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.

    http://www.dps.state.ok.us/


    Why dont you check with attorney and take them to court. Just getting/being angry wont help.




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  • pvganesh
    10-28 01:17 AM
    Thanks again for your advice..

    I have experience as 'systems analyst' continuously but job duties/responsibilities increased over last 7 years; during this time received multiple trainings, certifications, outstanding performer awards and traveled other countries for work etc. Will these help in proving 'progressive experience? My PERM requires Masters or 60 months of experience in any of the positions; programmer or IT analyst or systems analyst. Would it be sufficient in this case, if we can reflect progressive job duties in experience letters.

    I have seen in many forum posts that affidavits from co-workers at client location (not colleagues) are valid, is this really true?

    I'm planning to have a consultation with an attorney for a second opinion on this and discuss the strategy, how this petition should be filed, do you recommend?


    Thanks in advance.

    PVGanesh



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  • willigetgc?
    12-03 09:29 AM
    Is there anything that can be done to fix this? write or talk to someone in uscis or ombudsman's office?




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  • lazycis
    01-15 12:16 PM
    Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).

    Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..

    Thanks!!

    Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.

    Here is the link to access the regulation in question
    http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve

    Look at page 132.



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  • pcs
    12-30 09:18 AM
    Applicable to all retrogessed guys...

    Case deatils :

    Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression

    Next step H1-B transferred to new employer & redo Labor & I-140.


    Question :

    Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485

    Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????

    Please share your info as the attorneys are nuts..


    Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??

    Please provide with the link


    CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???




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  • delhirocks
    06-25 12:51 PM
    Regarding your 1st issue...My lawyer advised me to attach the scan copy with 485, but definately have the originals in hand in case there is a RFE.

    I don't want to take a chance, so Iam asking my parents to send it through 2nd day fedex as well. It will cost me maybe another Rs 2-3000, but what the hell..

    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.



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  • kaarmaa
    05-04 09:01 AM
    I just transferred to a new employer in my 7th year. All you need is a copy of the approved I-140.

    DO not give a notice to your current employer until the new H1 is approved. Also, apply for premium processing.




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  • pom
    10-02 02:30 PM
    Hey, you should put that in the wallpaper section, it's nice (game is advancing by the way :))

    pom :)



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  • Jaime
    09-05 04:58 PM
    Unless of course you are an illegal maid from El Salvador, in which case you can apply for your green card in person at any USCIS window by 9 am, and pick up your green card by 4 pm the same day. You have the option of premium processing, where if you pay $5 extra, you get along with your green card a U.S. passport, voters regsitration card, perpetual drivers license and a pack of "Hershey's Kisses" (or an actual kiss from the USCIS officer, your choice)




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  • aat0995
    08-07 11:50 AM
    Mine was transferred sometime in Nov or late october of 07. They didn't do anything until the date for I-485 became current on 1st august. However, it might be just a co-incidence as my I-485 is still pending. So I am probably not under PPP program going on in TSC.




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  • EB3Ind
    08-20 01:25 PM
    It not a computer glitch for sure. As the explanation goes like this:

    we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
    Even My I-140 status changed from approved to Initial Review when I received my I-485 RFE last few months ago. Though I used AC21 to change my old employer to new employer I-140 still shows initial review.




    krishna_brc
    07-06 11:18 AM
    I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.

    Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.

    Not to panic. As said by "trump_gc" prepare an affidavit explaining the correct name and ask the attorney to send an amendment request on 485 if name has to be changed along with all supporting documents and explaining the current situation.

    Also please let us know your Priority Date and Receipt Date of I-485 and service center, this helps members of IV understand what PD and RD currently uscis is reviewing.

    Thanks,
    Krishna




    shana04
    05-17 06:27 PM
    You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.

    She has the second I-94.

    I am submitting that, but the RFE said to submit all the documents proving the status from entry till the time we have submitted our I 485 documents

    As per your comments, second I-94 is good enough, if that is the case. we are cool, but I would confirm that with attorney and post the details here. so that it would be helpful for others.

    Thanks for your reply.

    Shana



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