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  • mchundi
    07-09 12:44 PM
    Upgraded to premium processing on June 19th. No news so far....No update on uscis website whatsoever....

    Anybody in same boaT?
    Me too. Upgraded to Premium on 20th june. No updates yet.




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  • justsomeguy
    07-12 06:29 PM
    fellow legal immigrations - this is my first posting on immigrationvoice.
    i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!

    now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:

    clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
    peace!




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  • thomachan72
    09-13 12:02 PM
    I appreciate the original post. I also request the moderators to come up IMMEDIATELY with strict rules and regulations for posting on this website. Posts that go against the principles that IV stands for should be IMMEDIATELY deleted. We dont need such posts here. This is not about EB3 or EB2. Given that the backlog for EB3 is bigger than EB2 we are seeing great deal of frustration among our folks but we have to approach this issue carefully. The question is, have we specifically aimed at getting anything for any spefic catagory? the answer is NO. I believe most of the administrators including pappu and previous guys were EB3. whether a person applies in EB3 or EB2 depends entirely on the job specifications and not the qualifications also since lot of the software jobs currently fall under specifications for EB3 we are seeing lot more applicants in EB3. I however believe that once we get through the next couple of years there is certainly going to be a faster movement in all catagories. Meanwhile we have to stand united and not allow FALSE prophets to post hate on this site. The poster you are refering to is CLEARLY A COMPLETE FRAUD. look at his/her language and how many of our members have you ever noticed to use such language. Even our most angry members never use such words so ELOQUENTLY!!! He/she is apparently a person who has lost a job and is angry about immigration as a whole and takes pride in posting such material on immigration related websites. So our members should immediately take notice of such posts and either ignore them or report them to the moderators.




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  • enggr
    03-17 03:56 AM
    Friends,

    My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "


    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar



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  • WillIBLucky
    05-30 01:39 PM
    Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.

    If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.

    The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.

    Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.




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  • rongha_2000
    10-02 11:57 AM
    You may be generally right about this, but in my case the attorney fees are borne by my company and it is my company who advised me to apply for EAD and still said that they will maintain my H1 till my AOS is approved, and thats where all these questions started popping in my mind.

    The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.



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  • eastindia
    04-21 12:25 PM
    I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.

    RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)

    In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)

    Dude you have good sense of humor.




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  • rishikesh75
    11-09 10:28 AM
    Do not worry about RFE on AP. I was and am in the same situation (NSC->CSC->TSC) . ND was Sep 19; got my EAD; RFE on AP (for me & flmy) & no FP. RFE was asking to submit all copies of I-94's ever issued to be, proof of relationship (birth , marriage cert). Yest , on the website saw that our AP was approved :D.

    For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.



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  • poorslumdog
    09-04 12:20 PM
    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. xxxxxxxxx
    2. yyyyyyyyy
    3. zzzzzzzzz

    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.


    Edited Note: I am really frustrated to see how you people interpreted this post. I am not from AP or any of those poor souls. In fact they do not even know who is YSR. They all died due natural cause and age. They are all more than eighty years old. I was trying to emphasis, in this forum we do not need to discuss about YSR. He might be a beloved leader for someone and corrupt for others. Whatever may be the case take your discussion to the relevant place. The reason I started this thread to emphasis that there are lot of people dying across the country and around the world and we do not need to hold prayer for every one or they poor souls are not different from YSR and they also deserve to be remembered in our prayers. But you highly educated folks did not understand that and gave more reds or am I not presenting it properly...?




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  • bigboy007
    12-10 01:59 PM
    In any fashion of THese threads everyones comment :

    "which should match/similar to your GC labor"

    WHich is a very generalized statement.

    I am in this boat : Please advice me on the options:

    1. Pd 2004 : GCLABOR 1.5 yrs exp : Its a pretty generic Labor which says "evaluating requests , planning , designing etc" with title of Programmer analyst.


    2. I have my 140 approved , 485 pending will complete 180 day mark by dec 29. Now i am NOT on EAD neither want to be.

    3. I have new opportunity where company is offering me a good pay range + they are ok with filing H1b . But job role is different like " Software Architect".

    Now i am caught up in saying how i am using "AC21" when i transfer H1b what happens to my AOS? what should i do to keep it alive ? what are my options ?

    Kindly help i am lost. Current GC labor etc is all for future employment how am i leveraging these two. Please help .... please help.



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  • th3thirdman
    03-30 07:05 AM
    Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
    When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
    We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
    Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
    So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
    So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

    sorry for the poor grammar its really late here. thanks for your health.




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  • manusingh
    01-08 10:06 AM
    My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

    Here is the immigration status so far:
    1. Current H1 valid from Oct 09-Sep 11 with I-94
    2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
    3. Had L1 visa stamping in Jan 2006.

    So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

    Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

    Now my last option is to apply for AP for my wife while she is in India.

    Can I apply for AP when she is in India?


    Thanks

    Hi

    Does your wife got H-1B stamped, could you pl send us all details. It may help us.



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  • Gravitation
    11-19 12:04 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC




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  • GCNirvana007
    04-08 04:00 PM
    Trying to reach you guys for a while now.

    1. How many active users are there as of today.
    2. What are the media we have connection with.

    Thanks.

    I have asked this question for 3rd straight day and yet no answer. Is it some kinda secret deal?. Thought its a public forum.



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  • peer123
    04-10 09:22 AM
    I am not sure how to set up a poll question

    Can any one who knows how to do it set up a poll question

    Have changed job using AC21, after having approved I140 and > 180 days of 485 application?

    1. Invoked AC21
    2. Invoked AC21 and H1B transfer
    3. Did not inoked AC21 but only H1B Transfer
    4. Did not change JOB

    Thanks
    peer123




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  • krish2005
    11-09 03:42 PM
    Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.

    Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).

    Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.

    This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.

    Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.

    Hope that I have submitted a informative post here.



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  • coopheal
    11-08 12:56 PM
    The statistics they have provided might be correct but useless for any PD date information. Applications include all kinds of 485s, AP, EAD and renewals.
    If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.




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  • seahawks
    06-29 11:30 PM
    Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.




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  • another one
    08-10 02:55 PM
    signed up for $100 pm last week..




    amulchandra
    02-22 06:35 PM
    Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.

    Do not want to spread the panic but ....Be careful..

    - good luck
    kris

    Can you please give some specific examples? If the IOs at POE are going to decide the admissibility of a person based on his/her job demand and availability of US citizens for that job, what the heck is DOL for? Why we need LCAs at all?

    To the best of my knowledge the IOs at POE do not decide the admissibility of a person based on his educational back ground ,demand for the job he/she is doing or the availability of US citizens. That job is done by USCIS,DOL and the genuineness of the candidate is checked by the visa issuing consulate. Th IOs at POE check whether the person is otherwise inadmissible into US (Visa validity,Candidate's intention to work for the same employer and criminal/background checks).


    Please stop spreading rumors.


    Thank you
    amulchandra




    eb3retro
    04-17 04:44 PM
    I didnt sign this petition.



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