Wednesday, June 15, 2011

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  • prioritydate
    12-20 04:31 PM
    Have you been out of country anytime after this...??If yes then you are fine.

    Once you re-enter US..all previous records will be cleared....!!!

    Yes, I did. In fact, many times.





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  • luvschocolates
    08-21 02:17 PM
    If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!

    If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
    As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
    If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
    I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.





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  • Dakota Newfie
    07-03 12:20 PM
    As I said, I expected to be "attacked" when I submitted my posts which only proves my point since the attacks are only coming from a "select group"; remember, the more you criticize my opions, the more you prove I'm right!

    That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.





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  • logiclife
    12-20 07:14 PM
    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.

    Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.

    Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.

    Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.

    If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.



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  • gcdreamer05
    03-09 01:47 PM
    hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o





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  • nixstor
    10-15 05:13 PM
    So if I need a copy of my LCA/I-140, and I file a FOIA request, does that go in a different queue ?

    You need your LCA you file FOIA with Department of Labor. NOT USCIS

    There are many threads that discuss how to file FOIA to get LCA/Job Description on your permanent labor certification. Please search the forums. Lets NOT digress from the main topic here.

    You need your original I-140 application filed on your behalf. File form G-884 with USCIS.



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  • deepakjain
    06-08 06:12 PM
    The rate at which USCIS is denying H1B, L1 Extensions it seems people who in In process for.

    PERM
    140
    485 might have to wait for sometime in the following manner.

    EB 2- PD 2001 - Wait till 2012
    EB 2- PD 2002 - Wait till 2015
    EB 2- PD 2003 - Wait till 2017
    EB 2- PD 2004 - Wait till 2020
    EB 2- PD 2005 - Wait till 2023
    EB 2- PD 2006 - Wait till 2026
    EB 2- PD 2007 - Wait till 2028
    EB 2- PD 2008 - Wait till 2031


    EB 3- PD 2001 - Wait till 2015
    EB 3- PD 2002 - Wait till 2019
    EB 3- PD 2003 - Wait till 2024
    EB 3- PD 2004 - Wait till 2028
    EB 3- PD 2005 - Wait till 2032
    EB 3- PD 2006 - Wait till 2036
    EB 3- PD 2007 - Wait till 2040
    EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....

    I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....





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  • abhijitp
    08-03 02:47 PM
    If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.

    Wish you all the luck Abhijit.
    I asked my USCIS approved civil surgeon.
    He agreed to give me new copies for a fee of $35 per head. Hopefully people don't have to re-submit. I am going to believe this gentleman @ USCIS NSCS who told me at least if you receive a RN/ A# then you don't need to worry about an outright rejection.

    Aquarianf, no I did not ask, but I would want to send out the EVL in advance quoting the A#. It may not help, but common sense says it cannot hurt.



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  • EdenMN
    02-19 05:04 PM
    As we know this bill won't surive due to current economic conditions...How about making it attrcative by adding 5k fees if person wants GC staying more than 5years





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  • abd
    09-14 03:02 PM
    Here is detail. i changed job based on AC21 portability. Did not file papers.

    Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.

    A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.

    Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.

    Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
    The application for adjustment has been pending for more thna 180 days and
    the new permanent position is in same or similar occupational classification as original employment.

    If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.




    :) Working with attorneys to get the papers ready....



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  • CSPAvictim
    07-09 07:55 PM
    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. The remaining number was splitted for Consular porcessing.

    my 2 cents...


    Well, I didn't think Sunday, JULY 1 counted as a business day for USCIS. Isn't there a law prohibiting government employees from working on weekends? If there isn't any such law and if it really is a working day, maybe people should have hand delivered applications at the service centers on sunday. I read in some other thread that someone had his/her application delivered via USPS on sunday night :confused: No wonder this is all such a horrible mess!





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  • sunny1000
    07-24 11:26 PM
    The below is the answer I got from my attorney.

    "You are right in stating there should be a employer letter, which would be required if we are filing the I-485 with an approved I-140. It would not be required if it is filed currently with the I-140, which is submitted with the employer letter."



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  • rimzhim
    04-04 03:43 PM
    if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down
    :D





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  • potatoeater
    05-26 04:36 PM
    I-94 is a complete proof of your immigration status in the US.

    carrying your gc is understandable, its just a card like your license.

    But expecting folks to carry their immigration papers all the time, even when they haven't travelled abroad is a bit too much. As long as i have my license or state id with me, it should suffice.

    This is just a classic case of harassing immigrants.



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  • sid3699
    09-16 10:16 PM
    My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.


    What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?

    I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?

    Thanks very much.





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  • desi3933
    01-30 02:54 PM
    Ok.......

    So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?

    NO. You are not out of status because of AP entry.


    From what I understood it is ok to not be working while on AOS having entered on AP.

    Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.

    Example

    Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

    Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

    He entered on USA using AP in Oct 2008. He is using EAD to work.

    Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

    If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • kumarc123
    07-18 03:48 PM
    I complied the list from visa stastistics website
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    example 2007 numbers from
    http://www.travel.state.gov/pdf/FY07AnnualReportTableVp2.pdf

    2006 numbers from
    http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf

    Hey Man,
    This was quiet good information, thanks for all your efforts in finding and compiling them together.

    Take Care





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  • desi485
    03-16 12:50 AM
    who the hell is asking you to???!!! and anyhow, you are probably not good enough to work with me anyways.....

    kyun, sach padh kar buraa laga??

    I find it hilarious to see the so-called "highly skilled" EB3 India folks behave like ostriches.............like they don't know what the scam is!!!

    i don't care about them, and i care about your comments just about as much as i care about the dirt that sticks on the soles of my shoes.

    goodnite, take care, pleasant dreams!

    fyi - i m not in eb3 category and I work for a fortune 100.

    this fool and self proclaimed selfish idiot has no knowledge of immigration issues. He is even more frustrated and pissed off with his own inability to understand finer details. He says he doesn't care but still care enough to reply this comments at midnight:p





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  • prinive
    04-07 05:09 PM
    Thanks.

    It is NSC.

    First of all Congrats!!

    BTW,what is your 485 RD and processing center??





    nomi
    12-12 04:25 PM
    I read news on oh law firm few days back that USCIS is planning to abandon concurrent filing (I140 + I-485). So when USCIS has power to disallow that, then they may have power to allow file I-485 when visa not available. This is just my thought. Anyway it does not hurt to find it out from USCIS officials, rather than asking some lawyer or interpret our own.

    Also when we ask lawyer about this, we may not get positive response as they may fear of loosing fees of countless H1B visa transfers.


    I agree with you. Lawyer and Attorneys are not our friends. where will they make money once we get our green cards. We should direct meet with head of the USCIS. We are all legal here and pays our tax and playing important role in this country.





    pappu
    07-01 10:23 PM
    QUESTIONNAIRE FOR POTENTIAL PLAINTIFFS
    USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
    This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
    Please be sure to include a copy of the following with this questionnaire:
    • Completed I-485 as submitted to USCIS, and any cover letter sent with it;
    • Evidence of method and date of mailing (USPS, Fed Ex, etc)
    • A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
    • USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
    Date questionnaire is completed:
    Completed by:
    Attorney Contact Information:
    Name
    Email
    Firm
    Address
    Telephone
    Fax
    Adjustment Applicant Information:
    Name
    Address
    Phone
    Email
    Nationality or citizenship
    Adjustment Application Filing Information:
    Date adjustment application was submitted to USCIS and method of submission:
    Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
    What was the employment-based immigrant category under which the adjustment application applied?
    USCIS rejection of the adjustment application:
    Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
    If yes, please explain in detail:
    Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
    2
    Harm to adjustment applicant:
    Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
    Please return this form and documents by email or fax to:
    visabulletin@ailf.org
    or fax (202) 742-5619 attn. AILF LAC



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