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  • champu
    02-23 02:26 PM
    Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.

    My dear friend, people are nervous. I am too. Bad news are coming from all corners.

    USCIS raids; Property & Stock Losses; Jobs disappearing. If you are in the middle of this then you would know. Sitting pretty in a recession proof role or job and commenting on others is easy.





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  • jsb
    08-31 03:00 PM
    jsb thanks.

    Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)

    No. They believe they are working their best. Think of an assignment received by your company's Headoffice on July 2, 07, but it came to you to work, on Oct 11, 07. If you are to provide periodical progress, what will you call your Receiving Date of assignment? Oct 11, 07.

    Processing Centers provide their monthly progress report to be published. They treat the date when they, the centers, (not the USCIS mail room) received, as the receive date, which is close to the Notice Date. Hence the confusion. If you ask them if they use ND sequence, they will confidentally tell you that they use the receiving date for sequencing their work, which to their belief is true.

    Logically RD on your receipt should be used. Even if some senior guy at USCIS decides and instructs centers to process cases in that order, can they do it. No, as their sorting of cases is in order they (the centers) physically received them. It will be too tedious to re-sort tens of thousands of cases manually, particularly when mailroom RD is nowhere other than a stamp on the file, and as manually entered info on your receipt. Many follow up documents don't even mention that date, or even PD, as they are not part of the system information. Online info also shows some date close to ND as "your case was received on...".

    There is a motivation to use up visas by Sep 30, as bosses question if they don't do that. But if they don't give visas in order of priority (whatever it be), no one questions, as it is difficult to prove someone to be wrong, or to correct even when something is proven wrong.

    Bottomline is that the whole process translates to Luck.





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  • eb3_nepa
    07-09 10:26 AM
    This website is for immigration issues only. Please dont hate me now.


    I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.

    Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates





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  • sanju
    10-09 05:07 PM
    Hi! there,

    Are you sure you talked to the Immigration Officer? The guys who pick-up the phone at USCIS are not Immigration Officers. They are working for the contracting company assigned to just handle the incoming calls. If you convince them for speaking to an Immigration Officer about a pressing issue, only then you get transferred to an Immigration Officer, that changes of this happening is 1 in 10.

    And the chance of the representative of the contracting company saying this is very high. Others on the forum have report much more weird experiences/replies.

    Could you please clarify if the call was actually transferred to an Immigration Officer who told you this?



    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!



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  • felix31
    06-05 08:19 AM
    well, something similar is going on with my case,though mine is not i-485...

    I am waiting for H4 extension (7th year). Attorney had replied to RFE long time ago and I noticed that online message changed at one point last week, wording is not the same, but no LUD.
    Now the message says that they will notify of a decision in writing.
    No time-line any more...

    Have no idea what that means, but I hope they will soon mail the approval. It has been almost a month since they received response to RFE.:mad:





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  • gccovet
    08-20 03:40 PM
    @acecupid: Thanks for the response. For me it is Chicago consulate it will take 10-15 days.
    which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.

    Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.

    @kanakabyraju: Thanks for the advise. I might try that.

    For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.

    Thanks,

    One note, at PoE, IO might grant I-94 only upto your passport validity date, Once you have new passport after coming back, you will have to contact your local CBP office to extend your I-94.
    GCCovet



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  • ubetman
    08-04 01:09 PM
    Hi,

    My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
    I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...

    USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..

    thanks in advance..





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  • intheyan
    08-19 01:24 PM
    You will get the approval notice letter mailed to your home address. Please read it word by word. If they mention about "any ADIT processing" then schedule an appointment and do the ADIT. Other wise sit cool and your GC will be on your Way to your home address by ordinary post:cool:.

    We got the same exact Email or online status update but we also got the Aproval notice which didn't say about anything about ADIT so we didn't worry and got the GC card the next day.




    OK.
    I got the magic mail today welcoming the new permanent resident.
    It talks about ADIT processing(see below).
    What does this mean?

    I haven't received "CARD PRODUCTION ORDERED" email.
    It is normal?


    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On August 18, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



    (PD sep 2004, Nebraska, USCIS receipt date: 7/27/2007, notice date : Aug 20, 2007.)



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  • StukAtBEC
    02-16 10:19 PM
    Folks,

    I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

    I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

    I have the following questions:
    1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

    I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC

    2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.

    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

    Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

    Gurus... please help me with your suggestions.





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  • PBECVictim
    07-29 02:59 PM
    In Texas Service Center, they are not processing I-140 cases filed in the month July end and August. They kept the side. God knows about their future. But they are processing 2008 April and may cases also.


    Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.

    It is not fair.



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  • conchshell
    07-30 01:29 PM
    I got a reply from our corporate attorney that "We did file both of your applications together. However, each application is adjudicated separately. We anticipate her approval shortly."





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  • anilsal
    10-12 12:06 PM
    in the processing of receipts, EAD and AP. I know it is very frustrating to have not received your receipts.

    All you can do is wait some more time AND call the 800 number once in a while to see if the receipt is being generated.

    As long as you have a fedex tracking confirmation, you should be fine. The receipts will get generated.



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  • calboy78
    02-05 04:44 PM
    A few years ago this was the rule:
    10 yrs visitor visa - can NOT stay > 180 days
    5 yr visitor visa (same price as 10 yrs visitor visa) - can stay > 180 days but you have to register with appropriate agency in India. I got 5 yr visa for my son, he stayed there for 7 months. we had registered him in nearest police station.

    So, in my opinion PIO is better - its like 15 yr visa.
    hope this helps.

    Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.

    I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.

    Do we need to report the same if kid has india visa for 10years?

    I am not sure how far this is true? Can anyone guide on this.

    ~Sree





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  • sri1309
    09-17 07:31 AM
    Infopass would not hurt.....so just take Infopass to ease ur mind. Explain to the IO ur exact situation & ask them to confirm if ur 485 is ok. u will have the answer from the horse's mouth/

    I would infopass and make sure everything is right. Its good to make sure everytihing is set right, to have peace of mind later, even if it takes to pay some money to an very good attorney (just in case your guys isnt very good)
    Sri.



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  • gcformeornot
    01-02 10:53 AM
    Please vote.





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  • MYGCBY2010
    07-27 02:33 PM
    Hi All,
    Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.

    Thanks.



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  • signin241
    07-24 07:21 PM
    Hello,

    I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??

    Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??


    Thanks





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  • raysaikat
    05-07 09:27 AM
    I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!

    Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":

    TITLE 22--FOREIGN RELATIONS

    CHAPTER V--UNITED STATES INFORMATION AGENCY

    PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents

    Subpart C--Status of Exchange Visitors

    Sec. 514.42 Transfer of program.

    (a) Program sponsors may, pursuant to the provisions set forth in
    this section, permit an exchange visitor to transfer from one designated
    program to another designated program.
    (b) The responsible officer of the program to which the exchange
    visitor is transferring:
    (1) Shall verify the exchange visitor's visa status and program
    eligibility;
    (2) Execute the Form IAP-66; and
    (3) Secure the written release of the current sponsor.
    (c) Upon return of the completed Form IAP-66, the responsible
    officer of the program to which the exchange visitor has transferred
    shall provide:
    (1) The exchange visitor his or her copy of the Form IAP-66; and
    (2) A notification copy of such form to the Agency.





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  • raj2007
    02-18 01:45 AM
    All, Help me understand this.
    If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
    06 -10.7k
    05 -46K
    04 - 39k
    03 - 20k
    02 - 41k
    01 - 41k

    Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)

    The captured visa were available for all the categories regardless of country of birth. Therefore no country limit was there.





    gultie2k
    07-02 09:19 PM
    Thanks for your replies.

    My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.





    indianindian2006
    06-14 02:17 PM
    you can file for 485 and change employers later, I guess you should ask an attorney.