Sunday, June 19, 2011

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  • anilsal
    11-08 10:50 PM
    I think there is a crack in the rules. What if the labor is approved and I140 is pending? No 7th year H and no 3 years. Is that right?




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  • saimrathi
    07-27 01:12 PM
    I filed I-140 + I-485 concurrently. Sent a check for I-140 seperately and one for I-485 (EAD + AP) for $745 for my wife and me. Check made out to USCIS. However consult ur lawyer ...

    Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.

    Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.

    Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.




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  • manderson
    11-19 06:17 PM
    Don't worry about it. It's quite common. Infact I have a similar LUD.

    Your 797 (Reciept Notice) hard copy will indicate the actual and official Receipt Date. In your case it will probably be Aug 16 (if you FedEx'd overnight). Oct 14 is the Notice Date.



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

    Current Status: Case received and pending.

    On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?

    Thanks in advance.




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  • md2003
    08-30 01:06 PM
    Just show whatever w2's and paystubs you have . Later on if you get another RFE saying that they need 1999 w2's etc.. then you can always tell them you don't have. No need to lie.

    As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.



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  • meridiani.planum
    12-17 06:23 PM
    Sorry I was away from my computer for a while.

    Thanks for all your help Guys.
    We are talking to Lawyer, Murthy law today.

    It's an employment based.
    This case of I-485 is 2004.
    We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.

    Hope Lawyer comes out with something.

    THank you all
    Great help and moral support from all of you at Immigration VOice.

    curious: have you hired Murthy's lawfirm now or have they been handling your case all along?

    Do keep us posted on this. All the best! Hope it all works out for you...




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  • glus
    12-18 06:42 PM
    Hi guys,
    I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?

    My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....

    I wonder what is happening....

    Now, in addition, I see 12/18 LUD on my pending I140.....weird or they are processig my I140, pending since last December



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  • rkiran
    12-03 02:26 PM
    Hi vin13,
    Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
    I have an appointment tomorrow and only have a letter from the doctor.

    Thanks,


    We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
    If you do not get help in one of the offices, try your luck at another USCIS office.




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  • Ennada
    01-13 10:21 AM
    Hello Immi Gurus,
    Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    2) Can they cancel my approved i 140?

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Thanks so much for all your help, Thanks ...

    I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.

    In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.

    Good Luck.



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  • johnamit
    08-30 01:08 PM
    more details will help. Is the case is as simple as it sounds then may be half of filers will get RFE. There got to be more pieces to it, is there H1/F1/H4/L1 transfer exists? I-140 aprroved? etc. Think about other points that makes your case out of the heap.




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  • perm2gc
    07-17 06:55 PM
    Friends. you have today witnessed what our collective strength can do and it is time that we spread a word about immigration voice and encourage your friends and families to join as a gratitude to IV .Please don't forget that the root cause of the problems still exist and we have to achieve it.



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  • mbartosik
    11-04 12:09 PM
    It sounds like the UK is planning on increasing the points required for residence. I see nothing wrong with regulating the points required for residence based on needs of the country. Here it is done my H1B quota, but they forgot to change the EB GC quota too, and that's much of our aim here. In the UK it is done by points. Of course increasing the points will mean that average wage by those of non-British origin will go up. I'm quite sure that we on H1B have above average wage in US too.

    In the UK things are further complicated because of migration within the EU to the UK both legal and illegal.

    Anyway, this is interesting, but what's happening in the UK is of academic interest only. As far as I'm aware there is not a 12 year wait in the UK for an "indefinite leave to stay" stamp in passport (equiv of GC), and there is not a country quota.

    If we don't work with IV, then Lou Dobbs will be saying that "immigrants are being paid more", and then in the next breath, "immigrants are under cutting US citizens". Hang on, I think that I've heard him say both of these things already!

    That's why we need to act now, before we are kicked out for both earning more and under cutting!




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  • cox
    May 1st, 2005, 02:16 PM
    Nice shootin' Anders! I've done a lot of trial and error shutter speed experiments at airshows, for example, to get blurred propellers and backgrounds, but that requires tracking. I did a similar experiment for a friend who wanted a picture of his car, and I think each situation is so unique you just have to take a lot of shots to get the effect you want. I took ~100 frames to get this:
    http://www.dphoto.us/forumphotos/data/932/medium/front_ds_quarter_rt_C.jpg (javascript:;)

    1/50s, f4.5, ISO 50



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  • saran4
    03-03 09:58 PM
    hi ,

    Since i dont have answer from them so posted here.... Moreover it may help some other person in future.... about the complexities....




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  • anzerraja
    02-11 01:42 PM
    PM Me.

    Hi Folks,

    What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.

    USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
    I guess USPS is claiming 6-10 days (guess no gurantee) to india.

    Other couriers seems to be $70+ (FedEx, UPS, DHL)..

    Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?

    Need to get docs for an interview for parents on Feb 26th in Chennai...

    Thanks in Advance for your reply !!



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  • mermaid2084
    11-21 05:51 PM
    Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.




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  • gcdreamer05
    08-12 06:01 PM
    hello all,
    Lets say you are a citizen here or your son is a citizen becasue he was born here.
    Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)

    Then when he want to work there dose he have to get a VISA like us comming here to work ?

    I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.

    so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.

    also if you reject the US citizenship and US is not going to give you any visa..ever !


    Sorry i dont have an answer for your question, but reading this i was very surprised because there used to be some forward emails going on, saying after 10 years, all angrezi's will be standing in queue outside indian consulate waiting for harra patta....... some kind of mail like that, looks like it is becoming a reality :)



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  • BEC_fog
    04-23 10:55 AM
    Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

    In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

    All the best!!

    I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.


    04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration

    * In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
    * Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!




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  • gc28262
    07-29 06:00 PM
    Lesson learned:

    Always note the rep id, date and time when talking to USCIS customer service.

    This information will come handy when reporting issues to Ombudsman's office.




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  • cinqsit
    01-13 08:16 PM
    Thanks a lot for the replies.

    I have an infopass appointment for tomorrow. Are the infopass officers qualified to review the file and process it right away?

    Nope infopass officers are not at all helpful. I found out that many are just
    "half-trained" customer service reps who have access to whatever online
    system USCIS uses. They can tell you if your background checks were cleared,
    what your priority date is (if you have multiple I-140s) and if every thing
    has been bundled together in your "A-file" or not.

    I had a horrible infopass where the "officer" didnt even know what a I-140 was.

    Try sending a clear letter to the ombudsman right away. Be very clear an give copies
    of everything you have I-485 receipts, your PD, country of chargeability etc etc.

    I did send a letter to the ombudsman in mid dec got a usual we have opened a
    request with USCIS and you will get answer in 45 days 2 weeks ago. Last week
    got a phone call - yes a phone call - from them last week saying they got a email from USCIS saying my case is being fowarded for adjudication and you will get a result within 30 days.

    Best of luck
    cinqsit




    amitjoey
    06-18 01:53 PM
    Please post your contributions on the funding drive.




    kate123
    06-17 01:06 PM
    It is not illegal to sell applications. It is illegal to work without authorization. Please note the semantics and the technicality.

    If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.

    In short ... go ahead and do it. As sac-r-ten says go ahead and live your dream .. develop your apps, create wealth and dont worry about stupid man-made rules to encumber people ... :-)

    PS : Please recommend a good objective - C / Cocoa book for Mac/iPhone programming..

    It is illegal to derive income by selling iphone apps.
    For F1 students, any off campus employment must be related to their area of study and must be authorized by your school's designated official...

    see: USCIS - Students and Employment (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60a RCRD)

    Again, you are not supposed to derive any income by selling iphone apps.

    Disclaimer: I am not a lawyer. Please do not take this as a legal advice.



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