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pointlesswait

05-01 09:28 AM

if u change ur job using H1 transfer..so does it mean ...he has to restart his GC all over again?? ok i am little confused here..

> if he choses to use EAD..his wife will be oout of status..so its bad

> if he chooses to transfer using H1..what happens to his EAD???


I believe AC21 is for shifting employers on EAD after 180 days of I-485.

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puskeygadha

06-04 09:49 AM

it will take 5-6 months from now atleast

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Cloakendagger

06-15 12:36 PM

Also you could shoot up the small band market. Thats how I got started. I was managing bands then they asked me to build their websites. Go to a local club or venue on local band night and hand out your card.
The nice thing about bands is that are willing to push the limites on what one can do with flash and webdesign in general.
Cloak

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ita

09-16 01:27 PM

Hi palemguy,

Could you please post or mail the # that you called to find out about your NC? Is it TSC/NSC?

Thank you.

Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.

One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.

We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?

I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.

Is any one got the similar response?
Please share your thoughts on this

Thanks,
palemguy

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sunny1000

08-02 10:58 PM

Hello,
okay thanks for your replies..let me reiterate my situation.
I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.

Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
Please help answer my question....
Thank you
Tina

The statement highlighted in Red is not true.

For example, UK does not allow GC holders without a visa whereas Switzerland has no such requirements when it comes to GC holders. So, check with the Australian Embassy/Consulate for their rules regarding GC holders.

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cygent

04-03 04:03 AM

It is not that I want to ask many questions.

It is just that I want to prepare for the consequences. Also, this information could be important to somebody else in the future, I am not thinking just about myself, so please understand & respect that.

Thanks for your help!

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atlfp

04-08 11:42 AM

I am wondering if there is any legal ground to force DOS to disclose visa usage each month. Obviously DOS has been playing this number game in a super conservative approach, which will definitely cause large amount of numbers to be wasted this year.

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indyanguy

06-30 05:18 PM

Can any experts comment on this?

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obelix

12-22 03:44 PM

Side question, very much related to OP's question.

How to run the payroll while you still waiting for SSN?

My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?

I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.

I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?

Thanks

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Dhundhun

04-29 11:14 AM

Have you sent the renewal papers to the right location? If not, after Mar 26th receive date, the applications will be sent back to the applicant - to be sent to the correct lock box.

USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Yes I sent it to correct address Lockbox, AZ. Thanks for asking me to confirm.

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ayaskant

01-31 11:08 PM

Hi,
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak

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visaspirant

10-21 11:26 AM

Hello,
Here's a snapshot of my scenario:

1.My first H1 with company A: Oct 2005 to Oct 2008 (stamped in my passport)
2.My entry to USA: May 2006
3.My wife's entry to USA on H4: Oct 2007 (stamped in her passport)
4.My second H1 with company B: Dec 2007 to Dec 2010 (Not stamped in my passport)
5.My wife's H1 with company C: Oct 2008 to Oct 2011 (Not stamped in her passport)

My wife is on H1 now and she could not get a job till now. Now we want to change her status back to H4. Whats the best way to do this? She plans to travel to India in Jan 2010 and I plan to travel to India in April 2010. Any help highly appreciated.

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gjoe

10-03 02:41 PM

First let us get USCIS to process our applications strictly based on PD. Then we will have more people for the rally because new PD date members would be more motivated to participate in the grassroot effort

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stemcell

02-26 01:21 PM

Guys, Sorry for my ignorance but
I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written

An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.

I have my I140 approved through a american company and my h1b is getting expired in june 09.

According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.

Might be some one can explain what is exactly means.

Thanks in advance!!!!



https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==



Having an approved I-140 does not mean you can 'indefinetely' work and live here automatically.
It is ONE of the steps to clear on the road to legal immigration.

Please consult your lawyer and he should direct you as to what to do next.......

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paskal

08-23 01:54 PM

this is just the kind of thing we want to fight! terrible situation...
please help iv's efforts to end retrogression for all.
please all come to the rally, volunteer, contribute and spread the word!

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srt57

02-14 02:08 PM

My PERM LC got approved recently(two weeks back). In my case its MS+0 years. My attorney says this will qualify for EB2. MY job title is Computer Software Engineer.

Which center did you file PERM with and how long did it take to process? Any audits or business necessity documentation required?

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gc28262

07-23 07:22 AM

India develops world's cheapest 'laptop' at $35 - dnaindia.com (http://www.dnaindia.com/india/report_india-develops-world-s-cheapest-laptop-at-35_1413493)

New Delhi: India has come up with the world's cheapest laptop, a touch-screen computing device that will cost just $35.

Human resource development minister, Kapil Sibal, this week unveiled the low-cost computing device that is designed for students, saying his department had started talks with global manufacturers to start mass production.

"We have reached a (developmental) stage, that today the motherboard, its chip, its processing, connectivity, all of them cumulatively cost around $35, including memory, display, everything," he told a news conference.

He said the touch-screen gadget was packed with internet browsers, PDF reader and video conferencing facilities, but its hardware was created with sufficient flexibility to incorporate new components according to user requirement.

Sibal said the Linux-based computing device was expected to be introduced to higher education institutions from 2011, but the aim was to drop the price further to $20 and ultimately to $10.

The device was developed by research teams at India's premier technological institutes, the Indian Institute of Technology (IIT) and the Indian Institute of Science.

India spends about three% of its annual budget on school education and has improved its literacy rates to over 64% of its 1.2 billion population, but studies have shown that many students can barely read or write and most state-run schools have inadequate facilities.

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sparky_jones

05-07 12:23 PM

Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).

But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)

Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.

I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.

So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...

At the end of the day, it boils down to you. Who do you want to trust?

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rsayed

02-19 10:30 PM

...don't know the answer to your other questions - but, as far as -
"how far are we from either Bill getting passed?" - Your guess is as good as IV's, my friend.

Welcome to the real world - where your GC is processed by the time you're on a rocking chair, with a walking stick in your hand...kinda like the TOI commercial where an old man gets selected for the National Cricket Team.

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hope4gc

04-26 07:05 AM

I think they were trying to do a 4/12/2012, it might have been a typo, Call them and explain your situation, you may get a extention.

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amitkhare77

08-14 11:20 PM

Hi Gurus

I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?

thanks in advance

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talduk

March 24th, 2005, 01:21 AM

Hi all,
Few days ago I purchased a new D-100 in Hong Kong. After taking the first few shots, I encountered a problem. When pressing the shutter it seems that the shutter is opening but stays open and woun't close. An "Error" notice appear and only after several times of pressing the shutter button it sounds like it is closing. After such few times, I pressed it again - trying to get a photo, the shutter opened up and didn't close. The "Error" notice is up again and now nothing seems to help, not even shutting the camera.

Please please advice. :(

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hopefulgc

08-12 11:14 PM

Reminds me of a scene from an indian movie..

Few guys were dancing by the side of the road ... going "nacho ... danak tanak.tanak. ae.. nacho!!".. .. just dancing merrily..

munnabhai and circuit join them and start dancing..

soon munnabhai and circuit ask these guys why they were dancing.
They go "no reason .. just dancing "

In turn, these guys ask why were munnabhai and circuit dancing...

Circuit goes ."we were dancing coz you were dancing.."

then all of them again go "nacho .. .danak tanak tanak... nacho!!"





hurrah!....
..
...
...

wait a min..success of what??

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itsmesabby

10-13 10:09 AM

I was asked the following questions:

1. Which client I am currently working at and what is my role there.
2. What is my education background.
3. Paystubs and W2's
4. How long have worked for my employer

Just get your papers in order and be confident. Being confident really helps.

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STAmisha

08-03 10:19 AM

Spoke with a lawyer. He told me that PD need not be current to interfile though it is commonly held belief

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jnraajan

04-11 02:36 PM

Hi,
My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?

I have two questions here.
1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).

Please help me by answeringthese questions.

Regards,
Brahma Reddy

There are so many threads on this forum regarding Transit Visas. Please search for those thread for answers. I have listed a couple of thread regarding this.

http://immigrationvoice.org/forum/showthread.php?t=15864

http://immigrationvoice.org/forum/showthread.php?t=14564

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pointlesswait

12-09 11:21 AM

i have not come across any success stories of USCIS to CP move.

Also, i am not sure if the company must keep an empty chair for you..till you complete the CP process.

I was told that as long as the firm can give a letter stating that the job will be offered once you get ur GC..that should be good enough.

you are venturing into the unknown jungles....;-) ..best of luck

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sagar_nyc

01-26 11:22 AM

I am planning to move to different residence. My 485 application is currently pending.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.

Any thoughts much appreciated.

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kanyewest

04-19 12:09 PM

I was on H1B until Feb 2009 and I applied for COS to H4 in Feb 2009. USCIS has received my COS application, and it is still pending with USCIS for 2 months now.

1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?

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anilsal

07-07 02:15 PM

We need to post every news article on DIGG and then as many of us as possible, should digg them.

I think it may be possible that because of us digging a lot of the earlier news reports, smaller newspapers are picking up material.

Go IV.

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gchopes

08-16 10:37 AM

I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.

- gchopes

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chanduv23

09-12 11:34 AM

I guess USCIS will use whitepages.com soon for verification of address.

There is a lot of negativity about H1b - immigrants etc... on the internet by hate groups and also there is a tendency that negative news is a influencing factor. This is the cause of concern.

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roseball

03-18 03:29 AM

You can take a InfoPass appointment at your local USCIS office and talk to an Immigration Officer (IO). The IO should be able to tell you more details about your case.

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muthukmk

08-03 04:25 PM

Are u sure that we have to withdraw old EB3 case. My understanding is that u can file a fresh EB2 and use the old EB3 priority date.

Experts please clarify

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gcformeornot

06-30 10:29 AM

bumping up:mad:

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gsee

07-01 03:33 PM

I think there is another option too. If she can get in touch with a hospital here, she can come directly for fellowship after which she will have to practice within the same hospital. Some specialties like Radiology and Pathology give you unrestricted license to practice anywhere in US after putting up with the fellowship for certain number of years (5 years in case of radiology). Please check this fellowship option with others who might be more knowledgeable.

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01-20 01:53 PM

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kirupa

07-21 12:56 PM

Hardly - performance is one of the big advantages of Silverlight. It runs a similar version of the .NET CLR in it! What are the examples that you've seen that run slowly?

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GCard_Dream

06-11 06:23 PM

Come on guys. Just let it go. He/she already admitted that it was a mistake. What do you guys propose we do.. hang him? Just give the poor guy a break.

If someone can, please close this thread because we are discussing the same topic in 2 different thread.

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bluekayal

10-20 03:31 PM

I could have written this! I too am flummoxed by seeing this on my e-filed AP application. I think its pre-decision activity but I could be wrong. Anyone?



Last week I e-filed my AP (I-131) renewal and sent documents to TSC. Soft LUD today, it is in "Testing and Interview� stage.

Is this stage generally expected for renewal of AP? I am not sure why the online message says "request for appointment reschedule" although my application is to renew AP.
Did any one go through this process before? pls share your experience.


Here is the status from the website
Testing and Interview
We have received your request to have your appointment rescheduled. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail if the appointment is rescheduled, when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

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ashwin_27

12-09 02:36 PM

From all the updates and information shared so far, it seems pretty clear that if the DREAM Act fails, it will make it extremely difficult, politically, for any EB or non-EB related immigration legislation (piecemeal or otherwise) to be introduced in Congress over the coming two years. So irrespective of whether visa recapture is a part of this bill or not (and we know that it is NOT), what happens to DREAM is very important from an overall strategy point of view.

I am just interpreting what is out there.

Brothers, i just want to know why we are happy with this DREAM thing or i am missing something. why do we care about this?

Please tell me if it has something for us.

Thanks

MC

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key_ket

12-15 06:19 PM

if you have bachelors and more than 5 years, you can definitely qualify for EB2. Good luck

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HRPRO

05-02 09:38 AM

I beleive that there is a good chance your PD will be current this Fiscal year and she must be present here to file her AOS

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vgayalu

01-26 08:14 AM

Do not worry.

Try after one day.It will set.




Hello,

I have a profile for online case status monitoring and because I attempted
logins with wrong password, I am locked out.

I get the following message:

Your password has been locked because of too many unsuccessful login attempts.Contact the USCIS Headquarters Referral Management Team for support.


Does anyone have the telephone number or email id of USCIS Headquarters Referral Management Team ? How do i reset the password by calling them. I forgot the answers to prompt questions too.

Thanks in advance.

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desi3933

02-25 01:08 PM

You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.

>> Since she is currently on an H1B, her previous H4 stamp is invalid.
Incorrect. Total BS in your post.

Re-entry using H4 visa will get her back into H4 status, like your attorney suggested.

__________________
Not a legal advice.
US Citizen of Indian Origin

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fromnaija

07-11 12:36 PM

Background: Rep. Ed Royce was on C-Span on Saturday July 8, 2006 to promote HR 4437. Here is the question I asked and his verbatim response.

Question: My question is on legal immigrants like myself who have been waiting in line for over ten years to get a green card. I see nothing in the House passed bill HR 4437 to support our case. What are you doing to move us unto a fast track and resolve the broken legal immigration process?

Answer: Illegal immigration is very unfair to people who wait in the queue in order to come to the United States. And frankly, all of these illegal immigrations is putting enormous strain on USCIS and other gevernment agencies. If we can secure the border through the legislation that I talked about then I think we'll take a lot of the strain off USCIS. And frankly, it will make the system fairer for those who have waited in line or are waiting in line to come to the united States the right way which is to come the legal way.


Comment: Unfortunately there was no room for a rebuttal. I would have pointed out to him that it is illogical to think that illegal immigration puts any strain on USCIS since USCIS only process legal immigration. Go figure!

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deardar

09-14 10:25 AM

And why not?

Please allow me to answer your question when I see you in person.!:o

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andy garcia

10-16 02:15 PM

If I am not wrong.....I had checked on the EB5 retrogression some time back..
Which EB5 are you checking?

EB5 is always current. Last year they only issued 346 visas to this category.
It takes at least 500.000$ :cool: to get one.

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alex99

09-28 08:46 AM

My Employer is paying for my Family GC Expenses (Myself, Wife, and Daughter). I have been working for him for the last 3 years. At the time of Filing my Labor, I have signed a letter (Just a letter on Company Letter Head) and faxed him the copy and the Original is with me. The letter says I have to pay back all the expenses for my GC if I leave the Employer before my GC approval time + 6 months.

My priority date is July 2006 in EB3 and 485 was filed on July 3rd. Based on the current trend it might take another 4 to 5 years to get my GC. My employer pays me very less and is not willing to give any hike in near future.

After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�

Thanks in advance,
Ashok...

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GCPagla

02-12 11:00 AM

Hi,
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".

Following are the details from my labor:

Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".

Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?

Thanks in advance.

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nomorelogins

11-27 12:56 PM

I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

My question is how do people intend to leverage on having an EAD for a higher salary?

Thanks!

i guess the real benifit in terms of salary is for persons working for (desi) contracting/consulting firms who gobble up most of the profit.

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clockwork

07-18 05:36 PM

just emailed... it should have 4 pdf files.

Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)

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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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alterego

11-02 03:42 PM

Dear President Elect _______

Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.

As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.

I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.

Respectfully,

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Gravitation

08-02 09:33 AM

Congress has gone into unscheduled recess till Sept 8th. Then it'll be too close to elections. Once new congress is seated, all bills introduced before then will not have any standing. So, let's be realistic and not get too excited.

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DareYouFireMe

03-12 11:35 AM

If you look closely its for the I-484 stage. I have also been told that the first stage has to be apporved. So the first I-140 has to be approved (earlier priority date). The word 'subsequent' is throwing the confusion around.
I think this is not fair since lot of people have their earlier petition being approved after their second petitions (due to perm and premium I-140).

example i guess clears the statement.

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crazyAbtUS

11-24 02:23 PM

Hi All

I have a question regarding visitors visa, my parents got multiple Entry 10 years visa in 2007, but have not visited me so far, but this december my Mom is visitng me and in Feb my father( as to avoid harsh winter weather in East Coast), they will leave back in May 2009.

My Question is will there be any issue as their visa was issued in 2007 but they are visiting now

Do I need to send any new documents( I have moved onto EAD )

Looking forward to hear suggestions.

Hi .. a quick personal experience with a similar scenario.. My Mom visited after 3 yrs of travel visa issual.. at the port of entry the imm officer asked her for the intent of visit and also asked how long she intended to stay..no other questions

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iad2ead

07-19 07:12 AM

Me too in same situation.. thx for sharing the exp.. Do you think the list of mandatory documents are sufficient ? I'm carrying last yrs tax returns, 5 months pay stubs, last 3yrs W-2 in addition to the mandatory documents. Anything else?

thanks
Iad
:mad:
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.

The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.

Thanks MP70

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Kbuzzer

02-04 05:16 PM

I want a part of this to! :-/ I'm a teen too! I'm good at flash, dreamweaver, photoshop, and designing. Plz let me be in the "group" as that other person said it waz, plz.:D

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member123

09-24 03:26 PM

I140 filed Apr 19 2007
I140 Approved Apr 23rd 2007

I485 filed ..on July 24th 2007 to TEXAS

LUD on I140 08/05/2007

wow the 140 filed on 4/19 and approved on 4/24 to TSC was it Premium Processing?
never knew they can be this fast. as the minimum i was seeing was 5-6 mnths. does this have anything to do with how bid the company is and all?
i have filed on the similar date and waiting for more than 6 mnths now to TSC regular processing.

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dupedinjuly

07-17 06:00 PM

Thats right. We have won a battle. We need to win the war. The visa numbers need to be recaptured for all the july I-485 to be finally adjudicated.
We need to celebrate but focus our energies on recapturing visa numbers going forward.

Guys -

Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.

NumbersUSA is reporting this in their website. Please we need to mobilize soon.

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FredG

November 17th, 2004, 07:11 PM

Hi randlesl, welcome to Dphoto! In addition to the above, some cameras are just calibrated to underexpose. My D60 did that consistently. I think I shot everything at +2/3 exposure comp. Some lenses may contribute to that as well. To test that, try taking a shot outdoors in good light using the same target with both lens set to 70mm and f/5.6. If they come out looking alike, all is well. If the 28-80 comes out darker, experiment to see how much extra you need to dial in with that lens to get it looking like the other. Also try a few shots with the 28-80 lens on a tripod, or other sturdy rest. If the images come out sharp, then the blur is like what I get ... operator error. If they are still blurry, then the problem may be with that lens. From what you said, though, and as jliechty suggested, it may be from trying to follow moving targets in low light with a shutter speed that can't freeze the action.

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arukala

01-20 03:02 PM

Admin ,

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