Tuesday, June 14, 2011

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  • nagio
    01-08 07:31 AM
    Six weeks it is. Sorry I said 7 weeks.

    I just replied in the other thread too.

    My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.




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  • talash
    04-25 03:19 PM
    I 140 denied.please help to start new thread.Please




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  • akhilmahajan
    07-01 04:33 PM
    This is the link.

    http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html




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  • sujan_vatrapu
    01-22 02:30 PM
    Why should we fight about every issue that is posted? Cant we debate it like mature people? This tendency to fight (and get emotional) over irrelevant issues will not help us any better.

    Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."

    That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.

    Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.

    Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.

    I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.

    Nag

    i totally agree, we should always listen to people with different opinions which makes us more rational, i also agree with your point that we should not compare NRIs with general population here, parenting in every culture has its pros and cons, we should look at each of it and take out good,



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  • pappu
    06-15 09:19 AM
    In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.

    We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.

    The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.

    Other issues we have noticed are
    - USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
    - 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current

    and other similar issues.

    In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.

    As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.

    In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time

    Difficulties faced by applicants who get wrongful 485 denials:
    - When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
    - Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
    - Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
    - Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
    - Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
    - If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
    - Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
    The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
    That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
    Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
    The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
    We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
    We request our members who have faced such issues or are facing such issues to
    - post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
    and
    - Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)

    Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously

    At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.

    By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
    We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
    With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
    Thank you,
    Immigration Voice

    Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817

    If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.




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  • reachinus
    10-31 10:20 AM
    They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

    Hope this helps.

    your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.

    .......
    They issue I-94 based based only on the expiry of the visa stamp.



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  • jayleno
    12-02 05:44 PM
    For H-1 extension based on Labor, the filing date is considered. The filing date has to be more than 365 days.
    I have a question..
    Applying labor before 365 days of H1 expiry is enough
    or
    Approval of labor before 365 days of H1 expiry is required
    for getting extension of 1 year on H1 visa ?




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  • ameryki
    03-17 04:38 PM
    also to consider is EAD renewal. if your EAD renewal does not come through in time you can get in to all kinds of mess. I know of someone that had to leave their job sit at home and then get hired back once Ead came through.



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  • honge_kamyaab
    11-30 09:24 AM
    Remember I-140 is owned by your employer. If you quit the job your greencard process will start from PERM again with your new employer.
    Portability applys six months after filing I-485.
    Hope that helps.




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  • perm2gc
    02-09 11:40 AM
    http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms

    Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.

    We must try Gandhian approach of appealing to their innate sense of justice.

    Only President bush can do something if somehow he can be convinced.
    People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.



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  • belmontboy
    10-13 11:00 PM
    If you are ugly, you could go in formal shirts & pants.

    If you are smart and sexy, you could go naked! :D




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  • mambarg
    07-27 06:58 PM
    Is your question about Approved 140 or Pending 140.
    I am also curious to know.
    As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
    Bad but what can we do ???????



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  • sanju
    04-08 05:37 PM
    Trying to reach you guys for a while now.

    1. How many active users are there as of today.
    2. What are the media we have connection with.

    Thanks.

    I saw your questions earlier and knew the answers as they are available online. I ignored your questions earlier in the day, now I am glad that I did because you deserve answers to anything.

    Get lost.


    .




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  • kaisersose
    08-01 01:29 PM
    But dont you guys expect improvement after all this fiasco ?
    Do you not agree that INS will learn some lessons from this ?

    They certainly have. We will not see dates becoming C ever again.

    They may also come up with a new system where the DOS bulletin is only for USCIS use and we will file 485s based on another bulletin released by USCIS, which will be a more accurate reflection of what is happening inside USCIS.



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  • minimalist
    10-13 02:48 PM
    Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

    Thanks!
    They may not care even if you go in casuals but may not be a good idea to push it that far.




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  • nhfirefighter13
    October 22nd, 2005, 08:00 PM
    I like the second shot a lot. Nicely done.


    I think the third shot needs to be closer. There's a little too much negative space around the arrangement. Just my 2 cents.

    The first shot....I'm not too sure about that one. Technically, it looks fine but it's not holding my attention.

    One thing I've noticed about studio product shots is that the most difficult part is finding the props to support the atmoshere of the photo...and then arranging them in a pleasant fashion. I've still got a lot to learn in that department.



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  • nrk
    02-02 01:04 PM
    Congrats.... :)

    Finally after nine years in US my Green Card is approved.

    On this very day in 2001 i was in flight to USA

    1) Came to US on Feb 1st 2001
    2) Changed employer in 2002 and GC applied in 2003 in EB3
    3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
    4) Application with the DOL sent to the BEC
    5) DOL approved the petition in Jan 2007
    6) Applied I140 in April 2007
    7) Applied I485 in July 2007
    8) FP completed and EAD received in September 2007
    9) I140 RFE Aug 2008
    10) I140 denied in March 2009 - Reason is Too may petitions from the employer
    11) Appeal sent in April 2009
    12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
    13) New I140 filed in Sep 2009
    14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
    15) Appeal withdrawn in October 2009
    16) New I140 approved in Nov 2009
    17) FP notices received in November for I485
    18) FP done in December 2009
    19) Infopass appointment in Jan 2010. Background check is completed
    20) Received CPO emails for both the cases on Jan 21st 2010
    21) Welcome notice mailed on Jan 22nd 2010
    22) Welcome Notice and Cards received on Jan 30th.
    22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

    For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

    I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

    Thanks




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  • sanjay02
    07-24 02:49 PM
    Hi
    I am July 2007 filer my PD Nov 2005, I had a interview on Feb 2009 after interview , the Immigration office gave me a letter, which says the following

    "Your case has been continued for the unavailability of VISA"

    Does it mean once the PD goes to Dec 2005 I will get my GC? Would I have to do anything from my end like going to local USCIS office?




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  • rockstart
    06-04 01:59 PM
    I advise not to do like this guy is saying. My suggesstion is if it is really not possible for you to get the letter, just send last 6 months of bank statements. And let your parent tell VO that your bank gives letter in person & you live far away from that bank. Majority cases, they will not even ask for any bank letters or statements. My suggesstion is to send both Indiana bank and HSBC bank statements for last 6 months. That will be good.

    I agree. 6 months bank statement along with 3 years of W2 are more than sufficient to prove your financial ablity to support your parents.




    ruchigup
    08-22 04:16 PM
    Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
    Yes my employer is supportive with respect to not revoking I-140.




    jkays94
    05-04 02:17 PM
    Here are the relevant parts of the transcript (http://transcripts.cnn.com/TRANSCRIPTS/0605/03/acd.01.html) :

    COOPER: Rising gas prices aren't the only thing causing heartburn this election year. Immigration reform is close behind. The battle at the border has spread into the heartland and across the country. Some politicians already paying the price. Ahead, we'll get a reality check from the best political team around.

    Plus, a brazen break in the border. They've actually poured concrete here and they've formed steps which makes it easier for whoever was bringing drugs into the United States, actually climb up through the tunnel.

    Tunnel built by drug runners. We showed it to you back in January. Now there's a new development in the story. What's going to happen to the tunnel? We'll bring you the latest next on 360.

    (COMMERCIAL BREAK)

    COOPER: Those pictures, of course, from Monday's massive immigration demonstrations. Hundreds of thousands of illegal immigrants and their supporters in the streets. They wanted to show their economic power. They hoped that would translate into political power. But now some critics are saying it's actually had the opposite effect, creating a backlash. And in at least one city so far the issue has already cost a Mayor his job. Here's CNN's Candy Crowley.

    (BEGIN VIDEOTAPE)

    CANDY CROWLEY, SENIOR POLITICAL CORRESPONDENT: This is where day laborers, mostly immigrants, legal and not, hang out looking for work in Herndon, Virginia. It may not look like an election issue, but last night, voters threw out their mayor and two city council members who pushed for the day labor center. This is the new mayor.

    STEVE DEBENEDITTIS, HERNDON VIRGINIA MAYOR-ELECT: Welcome immigrants, but they have concerns, valid concerns, about illegal immigration.

    CROWLEY: Fewer than 3,000 people voted in Herndon. Just about 24 hours after the nation watched hundreds of thousands of immigrants, legal and not, demonstrate across the country.

    FRANK SHARRY, EXEC. DIR., NATIONAL IMMIGRATION FORUM: I've never known a politician who wasn't attracted to a large crowd. And these have been some pretty large crowds.

    CROWLEY: True enough, it was evidence that the immigrant community can galvanize itself. The question is, to what end? Congress is reading the tea leaves.

    SEN. HARRY REID, (D) MINORITY LEADER: I personally believe very, very fervently that they have helped, helped picture this issue in the minds of the American people in a positive fashion.

    CROWLEY: Tea leaf reading is not an exact science, particularly in an election year where frankly democrats would be better off if the republican-led congress did nothing.

    SHARRY: I think the congress is going to have a lot of explaining to do if they don't end this session with a good comprehensive bill.

    CROWLEY: Republicans desperate for something to tout as accomplishment, anxious not to alienate core conservative voters, are afraid the demonstrations harden conservative opposition to anything that smacks of a break for illegals. SEN. MEL MARTINEZ, (R) FLORIDA: I believe at the end of the day we'll see that it really had a negative effect and it backfired on those of us who are trying to move forward something that is comprehensive but yet in middle course.

    CROWLEY: Senator Mel Martinez of Florida says since Monday's demonstrations calls to his office have run 10 to 1 against his bill providing tougher border security and a pathway to citizenship after hurdles are jumped.

    JOHN FUNU, WALL STREET JOURNAL: The boycott has so heated up the measure that we're not going to have any bill this year. It's simply poisoned the well.

    CROWLEY: As Washington lawmakers struggle with the political weight of all those demonstrations --

    SEN. JOHN CORNYN, (R) TEXAS: It wasn't clear exactly what the message was. And I think in some ways it tended to polarize people.

    CROWLEY: Herndon, Virginia, is already discussing changes to ensure the day labor center cannot be used by illegals. The problem with tea leaves is, you never know which ones to read. Candy Crowley, CNN, Washington.

    (END VIDEOTAPE)

    COOPER: Well, earlier I spoke with Candy Crowley along with John Roberts and John King, part of the best political team on television.

    (BEGIN VIDEOTAPE)

    COOPER: John Roberts, what are the prospects for getting immigration reform this year?

    JOHN ROBERTS, SR. NATIONAL CORRESPONDENT: That would depend on who you talk to. Some republicans who want to put a good spin on this say that it's possible that they can get it done. It might even be possible that they could get it done by the August recess. Other people including the White House are much more pessimistic about it saying they don't expect anything to happen until after the November election.

    COOPER: Candy, I mean could these demonstrations really have backfired and derailed a compromised deal, even among those who support some sort of reform?

    CROWLEY: Absolutely. I mean, the problem really is, first of all, the politics are that the democrats would rather have the issue at this point because it's an election year than a bill. The republicans would like a bill because it will be an accomplishment, but they have problems with their conservative core. And the people we talked to said listen, the demonstrations backfired. It left -- people looked and said well they're not working, and they're out demonstrating. You know, fair or not, the conservative core sort of toughened up. It seemed to have hardened both sides of this debate. COOPER: John King, a lot of talk, too about all the Mexican flags out in the street. Obviously there were a lot of American flags where organizers really tried to get American flags out there. But that certainly angers a lot of people. What are you hearing from the people you talked to in Washington?

    JOHN KING, CHIEF NATIONAL CORRESPONDENT: Well, that tactic, as Candy just noted, there is a backfiring from these demonstrations. And that tactic in particular has emboldened conservatives. Remember the key question here is, if they can get a bill through the senate, can they then get the house to embrace a more liberal immigration policy? The house members, most are from safe conservative districts. And back home in their districts they didn't feel all that much pressure to begin with. And what they are saying now is that this sends an anti-American signal.
    If these people want legal status in the United States, they should be holding American flags, they should be demonstrating for rights in the United States not celebrating Mexico or El Salvador. So to that degree, while the masses in the streets certainly showed the emerging political power and potential political power of the Latino vote, that symbol has helped the opponents of this measure especially in the house. It has simply stiffened the resolve of conservatives who say no to any new broad immigration reform.



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