Thursday, June 30, 2011

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  • imbond707
    12-07 10:59 AM
    Dear IV Members,

    Last week I received a copy of �Approved I-140� using Freedom of Information Act. I took almost 7 months to get requested information. Following are the steps to use FOIA:

    1. Write a cover letter (Sample attached)
    2. Complete Form G-639 (Sample form �Freedom of Information Act - G-639 - Form.pdf� attached)
    3. Write your I-140 Receipt # in �Column 4�.
    4. Important: Make sure you complete �Column 7� or you will be asked to send you application again.
    5. For �Column 8� you can sign it yourself under �Executed in US� (No need to use Notary)
    6. Send this form to:
    USCIS National Record Center
    FOIA Division
    P.O. Box 648010
    Lee Summit, MO 64064-5570

    I received copy of approved I-140 last week (Copy of 1st page is attached). You can check status of FOIA request at FOIA Request Status Check (http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD).

    I hope above information will be useful for others who want to use FOIA.





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  • Ash80
    05-21 03:38 PM
    Hi there.. I need some suggestions from you all. Please help.

    I have applied for a green card thru my husband (we got married in Sep and applied for the green in Dec). Both of us are well qualified and are working. We submitted all the documents that are needed thru my lawyer. My finger print appotinment went fine. USCIS wanted some additional evidence for I 485 which they initially sent to us in Jan and we never received it but we followed it up and got the notice 3 weeks ago. They wanted us to submit recent tax return form (my husband's) which is 2008. For 2009 we are filing together and my husband hasnt received his K1 forms yet (he is self employed - Physical therapist) so we filed for an extension of time for filing which he usually does every year. We submitted last year's tax return (both his and mine), extension form that we submitted to IRS, additionally we submitted my W2, my pay stubs and a letter from my employer about my employment. Last week we received a denial notice for I 485, I 131 and also for travel document. The reason mentioned was we didnt submit the evidence they asked for which is federal tax return form for the most recent tax year. For us its 2008 and for 2009 we submitted the extension form. My lawyer is going to submit a motion to reopen. Any one had similar situation? Please help.

    For I 130 (which is not denied but is placed on hold for additional evidence), they wanted more evidence that we are still married! which came along with the denial notice. We have all the documents that they wanted. Also we are going to have a baby in AUG, so submitting a letted from my clinic too. This should be sent sometime next week.





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  • asanghi
    02-20 02:11 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC





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  • chprav
    10-23 12:33 PM
    I've not get EAD and AP and been waiting for last few months. My wife got both EAD and AP. Is it good idea to call USCIS I/O about my status of EAD and AP? I applied for all 485/EAD/AP in june last week and got the notice on Aug 15th. Please check my signature for more information.

    Please suggest me.

    If I've to call, what is the procedure? Please let me know.

    Thanks..



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  • ursnkk
    11-21 02:03 PM
    Hi,

    Thanks very much for taking up my question ,

    I got my visa from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
    When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
    VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :

    In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
    USCIS has again came back with the same issue of my previous H1 B.
    I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.

    Please advice me on this, any help fully appreciated.

    Thank you again for your anticipated cooperation in this matter.





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  • ashokmohan
    02-17 03:22 PM
    You can go and get it stamped in Canada. I went to Ottawa on Jan 25th and got it stamped same boat as you.



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  • pappu
    11-01 08:02 AM
    Hello,

    My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.

    Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.

    Thanks in-advance for any update.
    yes, if your labor was filed more than a year ago you can get an extension. However I would advice you to first only file 140. get it approved. these days it is fast. and then apply for h1b extension in january. you will be able to get 3 yr extn instead of 1 year. it will save you much extension headaches and legal fees.hope this helps.





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  • raysaikat
    04-04 11:04 PM
    Hi,

    I am graduate student in Clinical Psychology. I am going to be working for a state employer during summer. This is mandatory for my program and I will receive 6 credits for it by the end of summer. However, due to some graduate school rules, I will have less than minimum credits to take during the Fall '10 and Spring '11 semesters. I was wondering if I could go ahead and work on CPT during summer (the employment is not paid), but register for those credits during Fall '10 and Spring '11 (breaking it up into 3 credits each) which will ensure my minimum registration.

    Also, can I apply for CPT during a semester when I have taken minimum credits required and I am a TA (full 20 hours)?

    Thank You in advance. Your timely opinion is appreciated!

    You need ask your school officials regarding their CPT policy. It varies from school to school.



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  • checklaw
    11-20 09:34 AM
    Thanks for the reply.

    Where does 1099 fit in in the above list?

    Are there any benefits of one over the other?



    Definitions :
    http://seeker.dice.com/assets/help/help_seeker/other/employement_definitions.htm


    Independent Contractor :
    http://jobsearchtech.about.com/od/jobs/l/aa083099.htm


    checklaw





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  • upuaut8
    04-21 09:18 AM
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    This is where u can download swift3D v1 !

    (If you attempt to post this link again on this board, your ezboard account will be submitted to management for cancelation. You are in violation of your signed contract with ezboard for attempting to post this information. Please reread the rules of conduct for ezboard usage. You will not be warned again.)



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  • kirupa
    04-11 08:18 PM
    The new version looks much better onsitus :)





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  • confu
    08-26 04:25 PM
    A friend of mine told me that we do not have to pay Social Security Tax while working on EAD. Does anybody know if this is true ?

    That would be a huge plus in case its true.



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  • good idea
    11-09 02:33 PM
    Any Idea when Tracker menu will work,
    I am trying since last few weeks but always get error message.

    Any idea how can I access Tracker?

    http://immigrationvoice.org/tracker/tracker.php?view=1





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  • pa_arora
    06-25 01:45 PM
    When we use the recent I94 (from the H1), do we need to say "were you inspected by an immigration officer?" as "yes"?
    The start date for this should be the date of entry at the airport or the start date on the recent I94?

    You were inspected by the immigration officer thats how you got the I94, there is no I-94 vending machines out there, atleast that I know of.

    Your second question is not clear. Ur Date of Entry is ur start date of the I-94, so whats the question.



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  • onefineday
    03-31 02:20 PM
    Even I am in the same boat... planning on a 3 week vacation to get the 1 year extension. Can you please update the thread with your case results? Did you take the vacation, and could you recapture it?

    Good luck!





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  • veni001
    09-14 09:19 AM
    I have completed 3.5 years of my H1B and am looking at the possibility of applying for GC either under EB2/3.
    After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
    I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.

    Questions:
    Please advice if I qualify for EB2 and if so will there be any issues ?
    Please advice if I qualify for EB3 and if so will there be any issues ?

    The challenging thing here for your attorney is to provide proof that you have ABET 4-yer bachelor or equivalent degree before filing i-140. Even EB3 is going to be challenging task. Remember H1B requirements are different from EB green card.:(



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  • San_Chez
    03-10 04:19 PM
    Thanks, Kodi! Any idea if that H4 wait time can be applied to offset the 1 yr LCA filing requirement?





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  • newuser
    03-27 12:52 PM
    got few answers ... searching from other sites.

    I-130 does play a role, when applying for visitors visa. but that doesnt disquialify anyone from getting visa. you have to show string ties to your country and provide enough evidence that you will come back. there are cases where they hv granted 10yrs multple visas !!

    As long as you disclosed your sister's immigration intent in the paper work and sent the right paperwork, it shouldn't be a problem.





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  • java4yogi
    03-28 07:38 PM
    Hi,

    I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.

    My wife has an H4 from my previous company expiring in July end 2007.

    I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.

    I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :

    a) Do we need to apply for my wife's H4 extension now to my current employer.
    RESPONSE FROM LAWYER : NO

    b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
    RESPONSE FROM LAWYER : NO

    I am not sure if I am getting the correct responses from my company's lawyer.

    I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?

    Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?

    I would be very thankful if you could respond to these statements from my lawyer and advise.

    Thanks a lot in advance.





    anand5061
    05-13 12:57 PM
    Hello PPL

    My wife's company has filed for her H1B and she has been given the receipt number from her HR dept, but we are unable to check the case status online. whenver wetry to check the status of her case online it says

    "Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283"

    i called up USCIS and they tell me that there is a technical problem and not all case status can be checked online ,they cannot give me any information on the status of the case and the rep said they can convey any info only to the HR dept of her company

    However the rep confirmed that the receipt number is valid,

    Has anyone had a similar issue? Not sure how i can go about this,

    when my wife contacted her company's HR department says that they will keep her posted on any developments in her case

    Pls share your experiences

    A





    raj2007
    02-10 02:20 PM
    Hi ,
    Does it impact I140 processing if i am outside US and worked with same employer in India ?
    I have left for india assignment after concurrent filing (I 485 + I 140)
    for 4 weeks and joined back in US for different assignment last year after July filings.
    But i have maintained my old residence status and applied for change of address when i came on different assignment and loaction in US.

    Has any one experienced similar situation ?
    Does on US payroll becoming inactive for some duration ( in my case 4 weeks) make the I40 processing questionable ?
    Can anyone advise ?

    Thanks in advance,

    Vin69

    No it's not a issue.. you are perfectly safe.



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