Monday, June 13, 2011

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  • quizzer
    01-22 06:12 PM
    My lawyer says all I140 needs to be applied in NSC and so he has applied mine at NSC.

    Is this true?

    Whats the criteria for applying in TSC where the approvals happen in say 2-3 months?

    Thanks





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  • gc28262
    03-25 03:52 PM
    thats what scared me when i read this thread... so, basically, they are using even the pending 485s to raise issues on 140 etc... this i bad stuff.

    Probably this is a simple RFE to answer. But it is puzzling why they raise such RFEs.





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  • GCNirvana007
    04-04 05:44 PM
    I need expert advice -

    My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
    that I am using for my current employment with my current employer

    1. If I get laid-off, how long can I stay in US without another job?
    Active EAD should keep your status ok

    2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options? AP can be used to travel and return





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  • franklin
    02-10 04:10 PM
    I think it all depends on what the job qualifications required are.

    For Eb2, the JOB DESCRIPTION (i.e. - not what your personal qualifications are) you generally need either a masters degree or bachelors with 5+ years experience. Please note, if you are thinking about jumping from EB3 to EB2 at the same company, without a change in job title - it will be tough to now say that your job requires the extra experience.

    In addition, if you don't have a master's degree, and are relying on years of experience, you are NOT able to count experience at your current company towards that.

    I know, its ridiculous, and basically discourages company loyalty.

    Hope this helps



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  • Radhika
    07-01 08:22 PM
    Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.

    Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

    Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.





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  • gchopes
    04-04 01:12 PM
    Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?



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  • permfiling
    10-28 05:20 PM
    How long did it take for the I-797 after the approval of 485? Which service center was this at?

    It took about 4 days. Mine was filed at CSC and transferred to Nebraska Service Center





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  • TeddyKoochu
    10-26 02:32 PM
    Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.

    One thing is for sure, I will never again travel by Air france, BA and Lufthansa.

    Dear friend I would recommend you to contact the consulate by email, because all rules are always subject to change, that way you can be sure!



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  • sanju
    06-30 03:55 PM
    EDITED BY MODERATOR FOR CONTENT:

    Does not mean to say this in any disrespectful way but the analogy I can draw for Ombudsman and Gautam is –

    Ombudsman ****************************** make as much noise as he wants but people can just chose to look in the other direction and ignore. Ombudsman has no power whatsoever. Reading the Washington Post article about Dick Cheney and learning from it how this administration works, I ask myself a question - when would someone get up to kick ombudsman ****************as he is simply documenting the inefficiencies of USCIS and this administration.

    Gautam – I saw this guy in CA at Rep Gutierrez meeting. ***************************************This guy talked to Rep Gutierrez in a derogatory and condescending manner and such immature behavior doesn't help the cause and it spoils the environment.

    FYI, ombudsman office replies to most people who write to them. They conduct bi-weekly conference call to find out problems of the people. They do it only to include these problems in their year end report. The objective is to document and show that ombudsman is doing what they are supposed to do i.e. document problems for the YEAR END REPORT.




    Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???





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  • gcfriend65
    12-07 03:12 PM
    If your wife has gotten fp notice, then try to go along with her on the scheduled date and time, they could take yours too, provided you get the notice before the day on which her fp is scheduled.
    its so weird, Oh USCIS have mercy on us. go IV



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  • Singer
    10-21 11:06 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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  • talash
    10-16 08:30 PM
    I had also gone to local centre with info pass to buy some more time to reply MTR coz i didnt have enough evidence to prove A2P .they told me file within 30 days with what ever i have as tell them that u got notice on 28th day n buy more time .But advice was to file within 30 days .



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  • ashkam
    08-06 12:11 PM
    Took me 5 days from the Texas Center.





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  • Robert Kumar
    02-11 08:12 AM
    Hello,

    My company is planning to do an EB2 GC for me. My H1B was done with this law firm called Chugh Law Firm which my company hires.
    I had no problem in my H1B.
    Here in these discussions I see many people asking to go to the best lawyers for greencards etc.
    Does anybody know about this law firm, and your experiences please. Do you recommend I can be safe with them.


    Thank you,
    Bobby



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  • titu1972
    07-23 12:56 PM
    Lincon, NE
    Delivery Date Jul 2,2007 10:25





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  • studmvr
    12-20 01:29 PM
    Instead i will donate the travel expenses to IV...........

    Good Luck Every one



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  • ak_manu
    04-02 05:31 PM
    As soon as USCIS recieved my response documents my case status changed to resumed.

    My attorney suggested me to get it notarized on stamp paper as it would look more genunie. It may not be mandatory but as it say Govt of India on stamp paper it would look little genunie.





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  • kanakabyraju
    07-16 01:39 PM
    I think the best way is to bring her back, because its Preferable to go to the same doctor
    were you had done intial exams

    Moreover to the best of my knowledge this cannot be done in india

    I had to call my wife back for the same reason in May

    hope this helps

    thanks for the helpful info. Any other had similar experience ?





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  • h1-b forever
    07-23 09:18 AM
    What is the confusion?





    needinfo80
    09-11 11:10 AM
    But if your form is signed with today's date then doctor might want you to take blood work again as they are no longer invalid if they are more than 1 yr old.
    Again this are grey areas.There are no concrete answers.





    tigerlibra
    09-28 04:31 PM
    Would greatly appreciate some advice regarding my fiancee.

    She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.

    We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.

    We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.

    Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.

    I understand the basics of dual intent, and would not want to compromise her ability to enter the country.

    Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?

    Any suggestions or advice would be greatly appreciated. Thank you.



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