Friday, June 17, 2011

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  • pitha
    05-22 07:25 PM
    Aliens with
    applications for a labor certification pursuant to section
    212(a)(5)(A) of the Immigration and Nationality Act shall
    preserve the immigrant visa priority date accorded by the date
    of filing of such labor certification application.

    doesnt the above statement mean people who have filed for labor certification retain there priority date. For example if I140 is cleared and labor certification was done in Jan 2005 then you will retain the jan 2005 priority date.



    Checking out this section of the bill :


    It says something about preserving priority date. Is there any provision to port the priority date from old system to new system. I am sure there would some sort of concept for priority date in the new system.

    Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?





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  • mpadapa
    05-15 04:54 PM
    r2i2009,

    Rep Lofgren and other reps (who co-sponsor) have put in lots of effort to get 3 bills (HR 5882, 5921, 6039) that address our issues. They are seasoned veterans and they know what will pass when.
    U'r comments are extremely rude to their efforts.
    How do U know what will pass or not, are U the adviser to the house speaker?

    Please channel your energy towards a time critical action item on the following link
    http://immigrationvoice.org/forum/showthread.php?t=19113


    The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.

    Our problem is the least of the problems the country is facing right now.
    They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.

    So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.

    Secondly, GOVT would lose EAD renewal, AP revenue etc.

    So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.





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  • raj2007
    06-14 08:40 PM
    lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?


    No..you can file later based on pending 485 but why you want to wait to save some bucks.





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  • bushman06
    08-20 06:43 PM
    I have travelled on an about to expire passport. It US immigration officer was nice and asked to promise him that I would renew my passport as soon as I got home.



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  • iheartindia79
    05-14 03:40 AM
    I am e-filing for EAD renewal.

    Are the following options correct for :

    1. Manner of Last Entry into the U.S.: "DA:ADVANCE PAROLE (DISTRICT AUTH)"

    Same for
    2. Current Immigration Status:"DA:ADVANCE PAROLE (DISTRICT AUTH)"

    and for Eligibility Status: "(c)(9) Filed I-485"

    Please someone who filed EAD renewal.





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  • chanduv23
    04-21 01:44 PM
    If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?

    My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.

    This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.

    If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.



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  • prince_waiting
    12-12 12:02 PM
    Hi fellow IVians from the 'Heart of Dixie',

    Birmingham is at an equal distant from Montgomery as well as from Huntsville if I am correct. Willing to travel from Auburn to Birmingham for a state chapter meeting if it is convened.





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  • irrational
    04-01 04:13 PM
    May I ask which Service Center is your app in.

    Mine is in TSC.

    -Bipin



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  • sundarpn
    07-20 11:19 PM
    Wont' redirection of US Mail work to forward these?





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  • KanME
    12-26 12:05 PM
    Hello all,
    not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
    1) non-permanent resident aliens
    OR
    2) non-resident aliens?

    thanks



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  • sk2006
    08-19 12:29 PM
    OK.
    I got the magic mail today welcoming the new permanent resident.
    It talks about ADIT processing(see below).
    What does this mean?

    I haven't received "CARD PRODUCTION ORDERED" email.
    It is normal?


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

    Current Status: Notice mailed welcoming the new permanent resident.

    On August 18, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



    (PD sep 2004, Nebraska, USCIS receipt date: 7/27/2007, notice date : Aug 20, 2007.)





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  • sportsguy131
    07-31 02:28 PM
    Hello,
    I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
    Thank You.



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  • MAEB2TR
    09-04 10:34 AM
    This is what I found in another thread:
    "06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
    � This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
    � However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
    � According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
    o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
    o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
    Name of 485 applicant
    Name of I-140 petitioner (employer)
    I-485 Receipt Number
    "A" Number of the 485 applicant
    Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
    New I-140 to be inter-filed
    Statement requesting new I-140 be inter-filed with the pending I-485 application.





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  • sbvw76
    10-09 10:42 AM
    For the past 2 renewals in FL for me it was like that. They will give exactly for 1 year and will have TEMPORARY in red color font.

    Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.



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  • va_dude
    07-20 06:08 PM
    Let us know what you find out from your subsequent calls or infopass appointments.





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  • boston_gc
    01-20 06:40 PM
    Folks:

    I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:

    1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
    2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification

    I also read somewhere that there is a way to get PIMS verification done while in US.

    I will appreciate your responses.



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  • sidbee
    06-10 10:43 AM
    Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?

    Can anyone send any link emphasising this Rule so that I can quote that to my employer?
    Any advice in this respect is highly appreciated. Thanks.

    Man you are illegal in the country, And you want to pressurize your employer to follow the law.

    If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.





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  • gemini23
    08-02 12:57 PM
    my experience with all carriers including fedex/dhl and others have been bad. Infact no one can guarantee a timely delivery for international shipments, as there is customs check, that can delay the delivery. Customs clearance is not controlled by these carrier companies, though they can only expedite it.

    my 2 cents.





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  • Administrator2
    03-28 01:41 PM
    As needhelp! clarified, we will fix all these issues over the weekend. Kindly keep updating this thread with any tracker related issue you would like to report.

    Also, kindly input processing information in your profile so that the tracker is more efficiently used by you and all other IV members.





    ajay
    02-23 12:05 PM
    Unseenguy,
    IMHO, it is always good to stick on what you have with until you find a suitable project and person to change your job to.
    It is not good to take hasty decisions at this time. Meanwhile try to spread your resume around the see the responses you get. Keep the faith.


    Good Luck.





    NewDocinUS
    02-05 05:49 PM
    Please email me your details, I may be able to get you an observership spot. I do not promise, but I will try

    Can you please let me know if you received my email.

    Thanks



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