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immihelp1

09-28 09:12 PM

Any one can share their experience about FP at newark ASC?

Thanks in advance

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gjoe

01-04 09:24 AM

I guess they still send a request to DOS for visa number for that case and they would turn it back saying no visa available. From this point on it is a grey area, it goes into the storage at USCIS. The next attempt for a visa number for your application happens only when USICS visits all the files in their storage again.

All that I have mentioned above are just my guess based on the trends I see at various forums.

hi gjoe,
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?

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iptel

01-30 02:48 PM

Just a suggestion I think if we involve US India Polical Action Committee(USINPAC) may be our effort to reach the law maker will be easier.

Members of the U.S. Senate India Caucus are as follows -

Senator Cornyn (R - TX) � Republican Co-Chair
Senator Clinton (D - NY) � Democratic Co-Chair
Senator Hutchison (R - TX)
Senator Lott (R - MS)
Senator Lautenberg (D - NJ)
Senator Santorum (R - PA)
Senator Lieberman (D - CT)
Senator Specter (R - PA)
Senator Daschle (D - SD)
Senator Stabenow (D - MI)
Senator Bingaman (D - NM)
Senator Cochran (R - MS)
Senator Frist (R - TN)
Senator Corzine (D - NJ)
Senator L. Graham (R - SC)
Senator Schumer (D - NY)
Senator Wyden (D - OR)
Senator Coleman (R - MN)
Senator Chambliss (R - GA)
Senator Bayh (D - IN)
Senator Durbin (D - IL)
Senator Breaux (D - LA)
Senator Crapo (R - ID)
Senator Levin (D - MI)
Senator Fitzgerald (R - IL)
Senator Grassley (R - IA)
Senator Bennett (R - UT)
Senator Boxer (D - CA)
Senator Nickles (R - OK)
Senator Stevens (R - AK)
Senator Mikulski (D - MD)
Senator Rockefeller (D - WV)
Senator Landrieu (D - LA)
Senator Hatch (R - UT)
Senator Maria Cantwell (D-WA)

Members of Congressional India Caucus

108th Congress elected in November 2002
List updated as of June 18, 2004

112 Democrats, 74 Republicans, Total 186

Congressman Crowley (D-NY) - Democratic Co-Chair
Congressman Wilson, Joe (R-SC) - Republican Co-Chairman
Congressman Abercrombie (D- HI)
Congressman Ackerman (D-NY)
Congressman Andrews (D-NJ)
Congressman Baca (D- CA )
Congressman Baird (D- WA)
Congressman Barrett, J. Gresham (R-SC )
Congressman Beauprez (R-CO)
Congressman Becerra (D-CA)
Congressman Bell (D-TX)
Congresswoman Berkley (D-NV)
Congressman Berman (D-CA)
Congresswoman Biggert (R-IL)
Congressman Bilirakis (R-FL)
Congressman Bishop, Rob (R-UT)
Congressman Blumenauer ( D-OR)
Congressman Boucher (D-VA)
Congressman Brady, Kevin (R-TX)
Congresswoman Brown, Corrine (D-FL)
Congresswoman Brown, Henry (R-SC)
Congressman Brown, Sherrod (D-OH)
Congresswoman Brown-Waite, Ginny (R-FL)
Congressman Burgess (R-TX)
Congressman Burns (R-GA)
Congressman Calvert (R-CA)
Congressman Cannon (R-UT)
Congressman Cantor (R-VA)
Congresswoman Capps (D-CA)
Congressman Capuano (D-MA)
Congressman Cardoza (D-CA)
Congressman Carson, Brad (D-OK)
Congressman Chabot (R-OH)
Congressman Chandler (D- KY )
Congressman Cooper (D-TN)
Congressman Cox (R-CA)
Congresswoman Cubin (R-WY)
Congressman Davis, Danny (D-IL)
Congressman Davis, Jim (D-FL)
Congressman DeFazio (D-OR)
Congressman Delahunt (D-MA)
Congressman Deutsch (D-FL)
Congressman DeMint (R-SC)
Congressman Dicks (D-WA)
Congressman Doggett (D-TX)
Congressman Doyle (D-PA)
Congressman Duncan (D-TN)
Congresswoman Dunn (R-WA)
Congressman Ehlers (R- MI)
Congressman Engel (D-NY)
Congressman English (R- PA )
Congresswoman Eshoo (D-CA)
Congressman Evans (D-IL)
Congressman Faleomavaega (D-AS)
Congressman Feeney (R-FL)
Congressman Ferguson (R-NJ)
Congressman Filner (D-CA)
Congressman Foley (R-FL)
Congressman Forbes (R-VA)
Congressman Ford (D-TN)
Congressman Frank (D-MA)
Congressman Franks (R-AZ)
Congressman Frost (D-TX)
Congressman Garrett (R-NJ)
Congressman Gephardt (D-MO)
Congressman Gillmor (R-OH)
Congressman Gingrey (R-GA)
Congressman Goodlatte (R-VA)
Congressman Gordon (D-TN)
Congresswoman Granger (R-TX)
Congressman Green, Gene (D-TX)
Congressman Green, Mark (R-WI)
Congressman Greenwood (R-PA)
Congressman Gutierrez (D-IL)
Congressman Harris (R-FL)
Congressman Hastings (D-FL)
Congressman Hayworth (R-AZ)
Congressman Hensarling (R-TX)
Congressman Hoeffel (D-PA)
Congressman Holt (D-NJ)
Congresswoman Hooley (D-OR)
Congressman Honda (D-CA)
Congressman Hoyer (D-MD)
Congressman Inslee (D-WA)
Congressman Israel (D-NY)
Congresswoman Jackson-Lee (D-TX)
Congresswoman Johnson, Eddie Bernice (D-TX)
Congressman Jones (R-NC)
Congressman Kanjorski (D-PA)
Congresswoman Kaptur (D-OH)
Congresswoman Kelly (R-NY)
Congressman Kennedy, Patrick (D-RI)
Congressman Kildee (D-MI)
Congressman Kind (D-WI)
Congressman King, Peter (R-NY)
Congressman Kirk (R-IL)
Congressman Knollenberg (R-MI)
Congressman Kolbe (R-AZ)
Congressman Kucinich (D-OH)
Congressman LaHood (R-IL)
Congressman Lampson (D-TX)
Congressman Lantos (D-CA)
Congressman Larsen (D-WA)
Congressman LaTourette (R-OH)
Congresswoman Lee, Barbara (D-CA)
Congressman Levin (D-MI)
Congressman Lewis, Jerry (R-CA)
Congressman Lewis, John (D-GA)
Congressman Linder (R-GA)
Congressman Lobiondo (R-NJ)
Congressman Lofgren (D-CA)
Congresswoman Lowey (D-NY)
Congresswoman McCarthy, Carolyn (D-NY)
Congresswoman McCarthy, Karen (D-MO)
Congressman McCotter (R-MI)
Congressman McDermott (D-WA)
Congressman McIntyre (D-NC)
Congressman McNulty (D-NY)
Congressman Majette (D-GA)
Congresswoman Maloney (D-NY)
Congressman Manzullo (R-IL)
Congressman Matheson (D-UT)
Congressman Meehan (D-MA)
Congressman Meek (D-FL)
Congressman Meeks (D-NY)
Congressman Robert Menendez (D-NJ)
Congresswoman Millender-McDonald (D-CA)
Congressman Miller, Brad (D-NC)
Congressman Miller, Gary (R-CA)
Congresswoman Miller, Jeff (R-FL)
Congressman Mollohan (D-WV)
Congressman Moran, Jim (D-VA)
Congresswoman Myrick (R-NC)
Congresswoman Napolitano (D-CA)
Congressman Neal (D-MA)
Congressman Ney (R-OH)
Congressman Pallone (D-NJ)
Congressman Payne (D-NJ)
Congressman Pearce (R-NM)
Congressman Pickering (R-MS)
Congressman Pitts (R-PA)
Congressman Price (D-NC)
Congresswoman Pryce (R-OH)
Congressman Putnam (R-FL)
Congressman Radanovich (R-CA)
Congressman Rahall (D-WV)
Congressman Rangel (D-NY)
Congresswoman Ros-Lehtinen, Ileana (R-FL)
Congressman Rothman (D-NJ)
Congressman Royce (R-CA)
Congressman Ryan, Tim (D-OH)
Congresswoman Sanchez, Linda (D-CA)
Congresswoman Sanchez, Loretta (D-CA)
Congressman Saxton (R-NJ)
Congresswoman Schakowsky (D-IL)
Congressman Schiff (D-CA)
Congressman Scott, Robert (D-VA)
Congressman Schrock (R-VA)
Congressmen Sessions (R-TX)
Congressman Sherman (D-CA)
Congressman Smith, Adam (D-WA)
Congresswoman Solis (D-CA)
Congressman Souder (R-IN)
Congressman Spratt (D-SC)
Congressman Stark (D-CA)
Congressman Stearns (R-FL)
Congressman Thompson, Mike (D-CA)
Congressman Tierney (D-MA)
Congressman Toomey (R-PA)
Congressman Towns (D-NY)
Congressman Turner, Michael (R-OH)
Congressman Udall, Mark (D-CO)
Congressman Udall, Tom (D-NM)
Congressman Upton (R-MI)
Congressman Van Hollen (D-MD)
Congressman Visclosky (D-IN)
Congressman Vitter (R-LA)
Congressman Walsh (R-NY)
Congresswoman Watson (D-CA)
Congressman Watt (D-NC)
Congressman Weiner (D-NY)
Congressman Weldon, Dave (R-FL)
Congressman Wexler (D-FL)
Congressman Whitfield (R-KY)
Congressman Wu (D-OR)

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sweet_jungle

09-16 01:59 AM

I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?

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shinjisakaru

05-25 01:26 PM

Fax sent

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gjoe

01-03 04:38 PM

I think USCIS process cases based on the I485 RD. The IO gets the file and he approves if everything is ok with the file and assigns a visa number if it is available, they generally don't care about the PD because they don't want to go back and review the same file. They are doing their best to complete work on a file in one go instead of putting it through multiple queues and re-visiting the case again and again. Bottomline they are working effeciently by using their manpower more productively instead of going back and forth on the 1 million I485 files.

This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.

I maybe wrong, but the trend suggests what I have mentioned.

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waitin_toolong

04-18 10:14 PM

Greg Siskind on Immigration Law and Policy: WHAT TO DO IF THE ICELAND VOLCANO IS DELAYING YOUR DEPARTURE (http://blogs.ilw.com/gregsiskind/2010/04/what-to-do-if-the-iceland-volcano-is-delaying-your-departure.html)

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pd_recapturing

10-14 08:59 PM

Please suggest. Bumping up ...

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zCool

05-17 07:27 PM

you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
have proof of documents for all the facts
and then go file in one of the federal courts..

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gc_chahiye

08-03 05:55 PM

With an I-140 approval a strict reading of the law does seem to imply to me also that an extension only if I-485 cannot be filed. However USCIS has been interpreting this to be I-485 cant be approved because of visa numbers. And that makes sense.
So once dates go U (like they have now), or you are no longer current, you can still get 3 year extensions. Thats what has happened to a couple of my friends.

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gc_chahiye

08-19 12:40 AM

I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice

if you are within 6 years of your H1 change jobs ASAP, you need a supportive employer at many stages in the GC process. As it is the ride is wild and painful, if your employer is also acting smart it can be horrible for you. Jump to a better employer (even if you take say a 10% hit in pay) and restart GC asap.

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ena23

03-08 12:33 PM

they got confused that he is a full time ??..pls share more light..your situation is not clear to me

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optimystic

09-11 03:37 PM

With the Oct Visa bulletin now official, Its high time we did some thing like this if not some kind of class action law suit.

We should not let USCIS explain it all way with "Our estimates were just too high...its not our fault you got screwed" :mad: . They need to be made accountable :mad:

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mikemeyers

11-07 04:34 PM

if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.

good luck!!!

Thank you for the response, the course is very expensive and I dont have that much money. Its an MBA course and I am in software field there wont be any justifiable CPT I guess..Also, there was an RFE generated during H-1 processing asking for my status in between times. I sent I-20 to the INS and then only my H1 was approved.

What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??

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m306m

12-12 01:43 PM

1. To travel out you won't have a problem. Just ensure that the ticketing agent takes the expired I94. Your really don't need the copy of your I485

2. You can travel through any country but most countries ie. UK, France etc. will require you to apply for a trasit visa (that can take some time) In your case I would fly direct from NY to India. There are flight that also take you direct to Dubai and then you can fly Dubai to India. Try and skip Europe that will save you money (in visa applications) and time.

Now when you come back to the US you MUST have either a valid unexpired H1B visa stamped on your passport and/or you will have to carry your Advance Parole (make sure you have 2 copies. Do not relinquish your orginal. The INS officer at the airport will retain a copy). Also it is recommended that you have your I485 receipt info with you and a copy of a letter from your employer. I recommed that you get a full list of items that you need to carry with you from your lawyer so that when you come back you don't have issues at the POE.

Have a safe trip :)

Hi

My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.

2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)

Thanks in advance.
Sree

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greencard_fever

01-03 03:06 PM

hi i have a question here:

suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.

As far as i know...if x's and y's PD's are current at some given time..then Y's file will be processed first because his RD is earlier and then X's file..its toatlly depends on PD (whose PD is current)..this is what i know..i may be worng..

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sreedhar23

04-21 12:15 AM

Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.

MSR

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garybanz

01-14 03:15 PM

Check your local Library, My Library in Tx holds many networking events and free classes for members to get a good understanding of entrepreneurial tasks.

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eb3_nepa

05-02 04:07 PM

At this rate Aman is soon gonna become a Senator or a Congressman :) ;)

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qualified_trash

07-07 01:09 PM

Investing in a company -> Yes (shareholder)

Own a company -> No

On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.

No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!

This has been my research on the internet and is not from a legal advisor.

Could you tell me what the difference is between owning a company and being a shareholder? :-))

Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.

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divs09

06-19 11:54 AM

Hello Unseenguy,
Thanks for the reply .
I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
This is the reason i applied for H1 from h4 as previously i was on H1B

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