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Monday, June 20, 2011

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  • ramaonline
    03-27 10:55 PM
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  • srikondoji
    07-02 03:04 PM
    follow your lawyer's advice.
    You can still be part of plaitiff, if you can show the proof of your expenses and proove that you had a material loss because of USCIS/DOS goof up.
    --sri

    Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???

    Pls advice,

    Thanks,





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  • looivy
    02-24 02:30 PM
    This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....


    Dear Sir/Madam,



    This is to inform you that the administrative process for your US non-immigrant visa application has been completed.



    You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.


    Please carry a copy of this email for ready reference.

    Thank you
    Regards
    Mumbai NIV / AO

    Thanks for sharing the information. Did they disclose what the admin processing was for?





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  • srsrsr
    07-19 08:17 PM
    Hello everyone!

    I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!

    Thanks,
    Raj



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  • sunnysunny
    10-17 05:16 PM
    duttasurajit I am in a same boat as you. Today I talked to one lawyer in my city and told me that both the fields can have different code but the job functionality should be same. All the companies can have different title.

    Don't wait for the answers here, just talk to any good lawyer for this matter.

    Good Luck!!!

    Sunny





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  • kgwithnogc
    05-08 01:48 PM
    One of China'a growth/export strategy is (and was) always to attract Chineese enterprenuers who settled in the west, so that they can bring technology and market(links).
    Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
    US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.

    That is why it is called "Mother Land".

    But in this story it looks like the locals are a little bit suspicious of returnees.

    "Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(



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  • chanduv23
    11-14 08:16 PM
    This is the time to channelize all your frustration into positive energy. Yes, we can collective work towards ending retrogression.

    Join your State Chapter today

    Follow the link

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52

    Come on folks, this is time for action.

    Start working towards IVs goals and you will be glad that you are doing it.





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  • milind70
    04-07 05:44 PM
    I drove to Canada for H1-visa stamp renewal a few weeks ago and was surprised that Canada Immigration did not ask for my I-94 at point of entry.
    I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
    I am not worrying about it at all.

    I think when travel to with North America(Canada & Mexico) you need not submit you current I 94 if you are going to reneter within 30 days of your exit.



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  • kgwithnogc
    05-08 09:59 AM
    http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/06/wchina06.xml





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  • Templarian
    11-20 02:57 PM
    So just curious if you were going to put this up for the weekend.



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  • 485Mbe4001
    09-25 11:55 AM
    good find. I added this link in the personal message section of my IM. within minutes 2 sent IMs indicating that they had no idea it was so complicated for legals. :)





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  • chanduv23
    06-17 02:47 PM
    Do u have to inform USCIS everytime u change job or just first time would be sufficient?

    Thank you.

    What my Attorney (Prashanti Reddy - who does free sessions on IV) said

    Please note that even after sending this out, you might get an intent to deny or denial notice on your I-485 as soon as your employer revokes the I-140. In which case we must respond within 30 days with the same documentation. This happens because the docs often dont find their way to your file as they have not been requested for by the USCIS. Also the intent to revoke might be sent to your old attorney, you should get a copy of the same also. However, i advice you keep in touch with the USCIS by checking status of your case online and keep in touch with the other attorney also, so that we dont miss the deadline to respond in case you do get an RFE or intent to deny or denial on your I-485.



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  • pitha
    05-22 07:25 PM
    Aliens with
    applications for a labor certification pursuant to section
    212(a)(5)(A) of the Immigration and Nationality Act shall
    preserve the immigrant visa priority date accorded by the date
    of filing of such labor certification application.

    doesnt the above statement mean people who have filed for labor certification retain there priority date. For example if I140 is cleared and labor certification was done in Jan 2005 then you will retain the jan 2005 priority date.



    Checking out this section of the bill :


    It says something about preserving priority date. Is there any provision to port the priority date from old system to new system. I am sure there would some sort of concept for priority date in the new system.

    Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?





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  • rdehar
    07-20 12:26 PM
    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!



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  • AB1275
    12-18 10:07 AM
    For MTR - Brief / Evidence need to be given within 30 days of denial.
    For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
    In either case, 290(B) have to be filed to keep it going.

    Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.

    Hope this helps.

    Thank you for the suggestion.....From what I understand from it, the evidence for MTR has to be filed with the MTR and cant be filed later. Is that right? If so, then my only choice is Appeal since my W-2 will not reach me before the due date of the 290B.





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  • seaken75
    07-14 10:47 PM
    USCIS is not required to return your adjustment of status applications within any timeframe. If your number becomes current before you receive your applications back, i suggest that you send in new applications and indicate on the I-485 that you submitted adjustment of status applications in July 2007 and have not yet received any correspondence from USCIS on the case.



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  • glus
    09-11 09:13 AM
    Just ordered a t-shirt from NY.





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  • logiclife
    02-16 10:31 AM
    California used to finish the labor cert in 7-8 months even in 2004, 2005, just before BECs started.

    I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.

    Backlog centers have worsened the problem by slowing things down even further and now you even lost transparency. They are like "Trust us, we are the elite backlog centers...how could WE do anything wrong".





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  • starseed
    08-20 08:50 PM
    Let us know what you find out from your subsequent calls or infopass appointments.

    See my most recent and related post here http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/394381-ead-approved-for-only-1-year.html





    KanME
    12-26 12:15 PM
    Thanks for reply... that clears things a little. :)





    rajenk
    04-21 01:37 PM
    First of Change the subject of this thread. This is confusing to state that your I485 is already denied.

    To your question:

    1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.

    2. Opening MTR takes months, if you are lucky then it might be quick.

    Now a question to you.

    1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.

    The safe bet:

    That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.

    Just my thoughts, better consult with a lawyer if you are in such a situation.

    Good luck.

    Raj



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