Friday, June 10, 2011

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  • raminmd
    08-14 05:00 PM
    Hi all:

    I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.

    However, I just got an approval email for my I-485 and the online status has been changed to approved too.

    What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?

    We are really worried. Has anyone been in this situation? What is the best way to resolve this?

    I can honestly say that I never thought I would look at my 485 approval and get depressed.

    Thanks.





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  • glus
    03-28 08:36 AM
    That happened to me too. My new I94 was valid from the approval date, and not the one we asked for. No, you were not out of status as your H1 extension was pending. You should not have issues with it.





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  • a.j.2048
    03-04 04:43 PM
    Hi guys,
    this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...

    can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..

    Sr members, please share your views on this topic..

    thanks
    narendra

    People are usually smart enough to understand that the URL does not mean much. For e.g. people going to ibnlive.in.com understand they are going to the Congress News Network and not to CNN.





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  • gc_on_demand
    04-30 03:01 PM
    Comprehensive Immigration Reform in 2009, Can We Do It and How?� is live now.

    Here is link. Will some body hear it and post the updates?

    http://judiciary.senate.gov/hearings/hearing.cfm?id=3793


    Thanks in advance.

    Alan Greenspan is talking about H1b and other highly skilled immigrant's issues. Also mentioned about Housing Crisis.



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  • boreal
    06-07 12:43 PM
    Nobody knows this obsure group called USELESS ali pac. This group has no influence and it is totally inconsequential. That Green guy is a total jerk and no one cares what he says. We guys pay too much attention to this useless group. On the contrary NumbersUSA is an influencial group and they have paid lobbyist. These type of groups may have some communication between them but they are different groups. I think we should stop advertising/naming this ali group.

    I dont like to give them publicity either but i think they cant be brushed off...many many activits there that participate in action items...for eg. look at the number of emails sent to the poor editor that bashed the founder...pretty enthusiastic outburst i would say! 'useless' term can be applied to their activity though..bunch of xenophobic losers targeting poor illegal and not-so-poor legal would-be immigrants and trying to spread false stories...Imagine, once they get wind of this bill, all they would focus is on the word 'exemption' and someone would come up with a cooked number, say a million or so green-cards increase per year and you know where this bill will end up after that.....all too familiar...





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  • InTheMoment
    08-13 07:52 PM
    Infopass IIO's are not the best in terms of reliability of their statements ...or actually opinions !

    Most of them refer not the Feb 08 memo (180 day +) but the one that has given the timeline for Name Check backlog elimination !

    see this one:

    http://immigrationvoice.org/forum/showpost.php?p=276078&postcount=10



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  • nogc_noproblem
    06-27 03:58 PM
    Paper based. Sent on May 5th to NSC.

    Can you please provide below details

    when did u file for your EAD renewal? Is it e-file or paper based file? what is the service center?





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  • GC_Green9
    03-28 01:17 PM
    if say 50% of people in EB-2 quota do possess Master degree, do you think after STEM - the pressure on EB-2 visas will drastically reduced such that EB-2 will be current for all the countries??



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  • Ann Ruben
    05-27 05:33 PM
    The EB-2 NIW category, like the EB-1 extraordinary ability category, has the advantage of not requiring employer sponsorship---both can be "self-petitions". Depending on the particular facts, it is sometimes easier to qualify for the EB-2 NIW category. It is also possible to file separate I-140 petitions in two or more categories at the same time to increase the liklihood of success.





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  • gc_on_demand
    07-14 10:04 AM
    I have my I 140 approved and No I 485 has been filled yet. My brother became US citizen so I would like to file for I 130.

    As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?



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  • sagittarian
    12-18 12:20 PM
    Please keep this thread handy... For my wife, we went through hell due to super coordination between, immigration & social security office.

    http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22458-h4-to-h1-no-ssn-yet-7-weeks.html

    Hi Goel_Ar, thanks for the response. Assuming there is indeed very good co-ordination between USCIS and SSN office, how long does it *normally* take to get the card?

    Any ideas, anyone?





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  • seetheavatar
    09-03 10:39 AM
    My I485 application was approved aug 2nd and I got the card on aug 15th.

    In the mean time my spouse application was also approved on aug 2nd but last week we got an email saying the card is returned undeliverable on aug 23rd.and aug 24th we got another email saying a notice was sent to the same address and that was also undelivered and there would be serious effects if the address is not updated.
    We got our finger prints and everything in the same address and I am not sure why it was returned undeliverable.
    Also I called the customer service on Aug23rd and 24th and updated the address.
    any one in the same situation?
    Does anyone know how long it would take for them to resend the card?
    Thanks



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  • smsthss
    11-15 01:18 PM
    In other words, Does it matter whether I-485 is filed or not filed for a 3 year h1b extension based on approved I-140.





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  • alexmat01
    01-13 01:43 PM
    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex



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  • dilbert_cal
    02-09 11:08 AM
    If you have a choice of LOA, you should go ahead and take it.

    RFE is not a must - if you do get a RFE, it need not be necessarily for paystubs. You should take LOA, start your job search and try to get a similar position asap and if you do get RFE, you will have a choice of going with AC21 or not depending on your RFE.

    Dont think that you will get your GC in a month or so - this process is very unpredictable and the more you be prepared for it, the better it is.

    Best of luck and hope you get your GC soon.





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  • Prashanthi
    05-08 04:17 PM
    I agree you might be better off filing a new I-485 if the visa number is available once the I-140 is approved. It is sometimes difficult to get the USCIS to do the interfiling, they often don't send any acknowledgment of the same.



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  • GCHope2011
    07-02 12:14 AM
    Folks,

    How are the taxi charges from Chennia airport to the town or station ? Do the drivers charge whatever they feel like or is it controlled?

    My parents are leaving back from the US and will be landing in Chennai, they are not from Chennai....so not sure if I should try to book a taxi before hand...or the charges are controlled ? Also, do they have something like pre-paid taxi ?
    The flight (emirates) lands at 3 or 4 am.


    Also, any recomendations for Hotels ? Ideally near the railway station.

    Thanks in Advance !!

    Regards,
    You should book the hotel on Yatra.com or Makemytrip.com. I have used them in the past, and if you book 3 star or more, then you get pretty decent hotels.

    Also, about the taxi, you should ask them to go straight to the pre-paid counter and pay as per the fare board charge. It will look a bit expensive, as it is the airport, but it is usually hassle free and safe.





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  • Singer
    10-22 01:12 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





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  • uslegals
    11-05 02:42 PM
    My EAD & AP application reached NSC on 8/7/2007..TODAY - 11/5 is the 90th. day.! I am done with FP 2 weeks ago. 90 days is counted from " RECD. DATE " right and not
    " Notice Date..." ? Since USCIS is supp. to process EAD's within 90 days and they have not for me - i am planning to take INFOPASS appt for EAD.! Can i schedule a AP appt. for the same day.?





    dummgelauft
    06-15 12:40 PM
    Dear Friends,
    Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
    One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
    I have some questions
    1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
    2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
    3. Any guidelines in order to correct the information in my original certificate.
    4. Any other vital information in this regard

    Thanks you all.
    Zimmyneuro

    Hey, What you really mean is that one or two LETTERS in your name do not match your name on the passport. An ALPHABET is made up of ALL the letters in a languge. The neglish ALPHABET is made up of LETTERS from A to Z.





    iwantgc
    09-11 06:34 PM
    I've been a silent avid reader of this website and I'm also among those EB3 retro victims. I'm starting a thread about what I read from shusterman website " there's no chance getting an immigration bill inacted before November election" and see what's everyone's opinion on this.

    iwantgc



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