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  • imh1b
    11-12 09:16 AM
    Visa bulletin is coming today





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  • shana04
    02-13 10:13 AM
    Thanks Shana for AC21 Format!! Is there any way to find out LC information for RIR applications?? I know PERM LC info. is posted on foreign LC website.

    through employer verification letter





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  • JunRN
    06-06 10:32 AM
    Since the promotion is within the same field of expertise, within same employer, and same as LC job, I see no problem accepting the promotion. The intention of AC21 is for situations like this, that the beneficiary will not be stucked in one company or in one position.

    That is the very ideal situation of using AC21.





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  • GC4US
    06-26 04:02 PM
    Could you please tell me how is it with the pictures for I-485 ?

    Is the photo digital or paper? OR the photo is first digital then you're printing it? Am I correct?

    So from my understanding.....you go to Kinkos or CVS( do they know the requeirments of photo if I tell them about immigration photo for Adjustment of status?) .....they make a digital photo of you and then they are printing the digital photo? is this correct?

    Please tell me what to do and where to go for I-485 photos.

    Thank you in advance so much for your help.



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  • aroranuj
    04-19 01:30 PM
    Can anyone please comment if the advise given by my attorney is accurates (ability to file new I-140 with the MTR/Appeal for the older I-140?


    Hello All,

    Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.

    She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.

    Can members with knowledge of these kind of scenarios shed some of their thoughts?

    Thanks.





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  • rajakannan
    06-27 07:58 AM
    lawers can prepare at their own pace but fedex them to reach on Jul 30th.



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  • desi3933
    12-22 12:54 PM
    I do have very different experience. I never had any issues with the indian consulate. couple of months back I have sent the papers for my daughter's PIO card. With in two weeks I got the PIO in mail.


    My experience has been very good, too.

    I had family emergency and needed visa to travel to India. Entry Visa (they don't issue Tourist Visa to people of Indian origin) was issued in 1 hour. The staff was very helpful.


    ________________
    Not a legal advice.





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  • gc_chahiye
    08-20 09:14 PM
    I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.

    do you have it in writing from them that they filed your I-485?



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  • ski_dude12
    07-07 07:23 PM
    Another one -

    http://www.youtube.com/watch?v=ovhoH0ZW0No





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  • niidawg3
    01-26 09:32 AM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...



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  • Guig0
    02-04 05:59 AM
    Originally posted by Makaveli
    guig0 i voted for you!!! just cuz eilsoe tried to screw you over by linking the WRONG SPEELing one.... j/k


    btw, how the HELL do you make a spelling mistake during pixel art.......lol

    why aren't you posting as much anymore i love reading your hillarious remarks :love:
    you can always count on mak to vote in you when you need ;) :P

    thanks for the vote mak =) i think :P


    yep, i�m not posting as much anymore coz berta (you know who) left me :(
    but that�s ok, i�m getting a new one for me tomorrow :blush: and then:
    ::said like terminator:: i�ll be back!

    :P :P





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  • god_bless_you
    02-20 06:21 PM
    Office of Communications
    www.uscis.gov
    Questions & Answers February 20, 2008
    FBI Name Check
    Q1. How has USCIS changed its national security reporting and adjudication
    requirements?
    A1. USCIS has not changed its background check policies as those policies related to naturalization
    applications. Recently, the agency did modify its existing guidance for applications where the
    immigration laws allow for the detention and removal of individuals if actionable information from a FBI
    name check response is received after approval. For these types of applications, including applications
    for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable
    and the FBI name check request has been pending for more than 180 days. No application for lawful
    permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border
    Inspection Services (IBIS) check are completed and resolved favorably.
    Q2. Why is this policy being implemented?
    A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS
    align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
    Q3. Is this policy consistent with the national security priorities of USCIS and the Department of
    Homeland Security?
    A3. Yes. No application for lawful permanent residence will be approved until a definitive FBI
    fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved
    favorably. In addition, in the unlikely event that DHS receives actionable information after the
    application is approved, it will initiate removal proceedings. Lastly, in general these individuals have
    been in the United States for some time and have previously been subjected to DHS background checks.
    Q4. What applications are affected by this policy change?
    A4. Applications included in this policy are:
    �� I-485, Application to Register Permanent Residence or Adjust Status;
    �� I-601, Application for Waiver of Ground of Inadmissibility;
    �� I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration
    and Nationality Act; and
    �� I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A
    of Public Law 99-603).
    Q5. How many applications for lawful permanent residence are affected by this policy change?
    A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases
    that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these
    case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the
    majority of the cases that are subject to this policy modification will be processed by mid-March 2008.
    Q5. Does this policy change affect naturalization applications?
    A5. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
    results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
    Q6. How long will it take for USCIS to work through these cases affected by the policy change?
    A6. USCIS has begun identifying the cases affected by this policy modification in each field office and
    service center. Each office will evaluate the pending cases and will adjust their workload accordingly.
    USCIS anticipates that the majority of the cases that are subject to this policy modification will be
    processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring
    about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
    Q7. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization
    backlogs before Congress not to cut corners in the adjudicative process or risk national security in
    the interest of production? Does this policy comply with the Director’s pledge?
    A7. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
    results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
    For those applications for permanent residence that are affected by this policy modification, no
    application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection
    Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI
    name check requests upon receipt of the applications and will review, monitor and track cases approved
    under this policy until the FBI name check is complete. In the unlikely event that DHS receives
    actionable information after the application is approved, it will initiate removal proceedings.
    Q8. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include
    other forms, specifically nonimmigrant and naturalization, in this policy?
    A8. No.
    Q9. Should customers contact USCIS through the 1-800 customer service number or make an
    INFOPASS appointment to visit their local office if they believe their application meets the criteria
    of this new policy?
    A9. We recommend that customers wait until mid-March before inquiring about cases affected by this
    policy modification. This will allow each office sufficient time to identify and adjudicate the relevant
    pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer
    service line at 1-800-375-5283.
    Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?
    A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are
    needed.
    – USCIS –



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  • ItIsNotFunny
    04-16 08:34 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3219.html

    You are too early to post this :)





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  • prioritydate
    08-06 01:08 PM
    Did anyone got LUD on their I-140? I have an LUD on my I-140 on 04/20/2008. Most of the people got their LUD on 07/13/2008.

    Can someone please confirm if they have an LUDs in April 2008?



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  • akhilmahajan
    01-30 10:04 AM
    sent the letters to IV and Mr. President.

    Thanks a lot.
    Please ask your friends and family to do the same.

    GO IV GO. TOGETHER WE CAN.





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  • tinku01
    02-19 12:57 PM
    rb3_napa you are absolutely right but as we all have been working together to resolve all these GC issues therefore it becomes necessary to consider everybodies problems in the group. As this goup was earlier started by all 485 filers then it's not a good sense to ask 485 releives although CP filers have also joined this group later.
    Anyway, now we also know that nothing could happen for CP filers in this campaign but for future efforts there should be some consideration involved for CP filers.....

    Thanks



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  • ramaonline
    08-07 11:14 PM
    Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..

    485 derivative status is only available if you were married before the 485 approval not after

    If someone marries after 485 approval then you need to file I130 under family category for spouse

    Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident





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  • nshah1968
    01-28 04:23 PM
    I have send the letter to President and IV





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  • PD_Dec2002
    05-29 04:07 PM
    Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.

    http://www.ilw.com/articles/2007,0530-endelman.shtm

    Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).

    ... ...
    Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
    ... ...

    Thanks,
    Jayant

    http://www.ilw.com/articles/2007,0530-endelman.shtm





    ssnd03
    02-19 10:09 PM
    Even if PD is not current, I believe you can convert CP to AOS. Check Murthy website or talk to them.

    If this cannot happen for you then you should look for a change towards this provision.

    But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.


    Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.





    rajmirk
    05-25 01:49 PM
    Does anyone know how Quebec compares to Ontario. Specifically Montreal to Toronto. Economically, culturaly, etc.?
    I would appreciate any comment. Thanks

    I would say Ontario (Ottawa or maybe Toronto) is better compared to Quebec with regards to immigrants.

    In Quebec, if you cant speak French, you are frowned upon. Yeah, yeah i can hear the Montrealers saying they speak both French and English, but the reality is that Quebec only likes people who are French. I heard some racist remarks while walking in the downtown, not uncommon. For some ignoramuses, every colored person is a "bangladeshi" and hurl racist abuses. I was very shocked to say the least...Isolated incident, but not uncommon.

    Bottomline, if you wanna life like u had in the US, better Ontario than Quebec or even BC.



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