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  • DSLStart
    09-16 02:33 PM
    I had bad experience entering recently on AP. Not for AC 21. But the secondary inspection officer gave me hard time over showing proof for emergency of travel. So just to be on safe side, be prepared for it.

    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas





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  • WaitingForMyGC
    04-30 10:40 AM
    You are there for a long wait..mine was filed in dec and still pending.





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  • cloud 9
    08-01 11:22 AM
    is it allowed to download these?

    You can use following Firefox addon for youtube video downloads:
    https://addons.mozilla.org/en-US/firefox/addon/13990/





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  • rockstart
    10-23 01:56 PM
    Glad to see this law. Also this law gives me hope for recapture. No one knew about this law was in transit and without any hitches this one passed all the way. So for those who feel that recapture cannot pass can rethink their position based on this new fact.



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  • MArch172008
    05-22 07:26 PM
    I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .

    Do i have to take transfer in order to apply for I 140 ?

    Can two I 140 process parallel ?

    Thanks for you all support..

    Keep up the Good job





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  • 485Mbe4001
    12-16 06:52 PM
    :) there are too many variables to this equation. even ajmeri will hang up on you if you ask him when somebodys EB3 will be current.

    all joking aside, it will be a nightmare for EB3 as well as EB2 unless there is some kind of reform. EB3 with a PD of 2004+ for india, china, mexico and some more other countires could easily take 10 years. I am an optimist and i still I think we will the dreaded 'U' pretty soon. There is a urgent need to educate people about this and get something passed, EB is totally broken.



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  • designserve
    09-04 01:08 PM
    IMHO,Since the validity of the 797 starts by Nov 09,thet will take precedence over your entry now.I had a similar issue and asked an online question to
    https://help.cbp.gov/.I had traveled to canada and my I-94 expiry was the visa expiry date(oct 08).However,my 797 was valid till june 09.
    They told me that the 797 date was valid and I got a renewal after that till 2012.I believe you should not have an issue here....Now then, I am not the authority here too.





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  • gc_on_demand
    03-25 02:16 PM
    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.


    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?



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  • the_jaguar
    03-25 01:48 PM
    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.





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  • gcfriend65
    12-06 11:07 AM
    Does anybody know what date NSC is processing APs for July-August filers?

    NSC people have gotten 3 copies. but I think both TSC and CSC people have gotten only 2 copies. There is no need to worry I guess.



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  • andy garcia
    02-23 11:05 AM
    Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india

    EB1 - 3K
    EB2 - 21K
    EB3 - 17.5K
    EB4 - 0.3K
    EB5 - 0
    EB Total - 41K

    Am I missing something?

    You are missing this:

    The large number of LPRs in the EB in 2005 was primarily due to the AC21 Act of 2000, which recaptured 130,107 unused EB visa numbers from 1999 and 2000 to be made available to 1st, 2nd, and 3rd preference EB immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005. None of these visas were used in 2006. In addition, the REAL ID Act of 2005 recaptured 50,000 unused EB visas, 5,125 of which were used in 2005. In 2006, 33,341 of these visas were used, exceeding the 2006 employment preference limit of 143,949. The majority of the visa numbers recaptured by the REAL ID Act were issued to individuals whose country of origin was the Philippines (57 percent) or India (22 percent).





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  • sanju_dba
    09-14 02:17 PM
    There are less than 1000 replies in the I-485 voting thread and no money is required...how do you plan to sell 20K tickets to only a few "active" members?

    Thats the key thing here, a fund drive/ monthly contribution will attract the seasonal participants, but a raffle will attract ALL ( the one who have graduated from IV ).
    this way a constant fund raising process can be established.
    thats my thinking, please pardon my ignorance if any!



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  • suman
    12-17 09:45 AM
    Hi
    If i-485 gets denied then what should i be doing?
    Should i call the USCIS to find the reason for denial or Should i visit a lawyer?

    Is their any way that i can get my I-485 reopen?
    In how many days should i get my I-485 reopened?

    Please help i am in need!





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  • mdcowboy
    02-22 05:14 PM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.

    Might it be a PIMS delaY? Just my opinion.



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  • vwu3
    06-17 11:54 AM
    I am an international student on an F1 student visa. Am I allowed to sell iPhone apps on the Apple app store (the US one)?

    Thanks.





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  • ameryki
    10-02 11:06 PM
    murthy just sent out this info in his newsletter that went out today.

    Delayed EADs - Ombudsman's Suggestions to Expedite

    The current regulations on Employment Authorization Documents (EADs) require the USCIS to adjudicate EAD applications within 90 days. As many are aware, this does not always occur. The problem is compounded by the fact that it is no longer possible to obtain interim EADs at the local USCIS offices. Information on this matter was included in our previous article, available on MurthyDotCom, Interim EAD Problems at USCIS District Offices (Dec 14, 2007). The first CIS Ombudsman, Prakash , began making efforts on this matter that are continuing through the current CIS Ombudsman, Michael Dougherty. The Ombudsman's office released updated suggestions on September 19, 2008, for individuals who are experiencing EAD delays.

    Option 1 : Call the NCSC

    It is suggested that an individual first call the USCIS National Customer Service Center (NCSC) at 1.800.375.5283. It is important to note the date and time of the call, as well as the name / number of the person who answers the call. It is possible to explain that the EAD has been delayed beyond the 90 days permitted for processing, and ask for a "service request." This is supposed to result in issuance of the EAD or some other type of response within a week, according to the Ombudsman's update. Alternatively, it is possible to ask the customer service representative to request the EAD. This, too, should result in either receipt of the card or some other type of response within a week. The Ombudsman's update refers to the interim EAD, even though this is no longer issued by the local offices. At the Murthy Law Firm, it has been our experience that the requests described in the update primarily have resulted in the issuance of standard EADs.

    Option 2 : INFOPASS Appointment

    If the EAD has been delayed beyond 90 days, then it is possible to make an appointment at the local USCIS through the INFOPASS system. At that appointment, it is possible to request the EAD, even though EADs are not actually issued at the local offices. The local office should review the case for eligibility, and then forward the request to the USCIS service center where the case is pending. This should also result in a response or EAD issuance within a week.

    It should be noted that, while the one-week estimate may be a bit optimistic, we at the Murthy Law Firm have found that this approach is generally successful. Our recommendation is to make the appointment a week or two in advance, for the 91st day after filing. The reason for this is that local offices often have waiting times for appointments and if one waits until the 90th day to make the appointment it may result in more delay while waiting for an available appointment time. As with the call to the NCSC, it is best to document the date and time of the appointment, as well as the name of the officer.

    Option 3: Contact the Ombudsman if Other Options Do Not Work

    If an individual has completed both options 1 and 2 above, and the EAD has not been issued, then a third option is to eMail the Ombudsman's office at cisombudsman.publicaffairs@dhs.gov. It is necessary to include the dates and times of the call to the NCSC, as well as the officer's identification information. Corresponding details on the INFOPASS appointment should also be provided.



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  • sledge_hammer
    12-03 04:59 PM
    Per the exerpt below, the spouse and children of a legal alien are eligible for benefits, and it will NOT effect the GC process of the primary applicant -

    http://www.uscis.gov/files/article/public_cqa.pdf

    Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?

    A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
    In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
    If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.





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  • gusmig
    04-26 11:19 AM
    Dear Sabeesh,

    Although I'm not a lawyer, I will respond based on my knowledge and my own case.

    1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.

    2) You will only be able to enter the US with the latest visa stamped on your passport.

    3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.

    Regards.





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  • andy garcia
    10-06 08:01 AM
    That's what I'm talking about ! :cool:


    I am ready to apply for the 9th time this year:rolleyes:





    micofrost
    07-17 10:46 PM
    Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.
    Thats why I degraded my cable service so that CNN will be blocked.





    WaitingForMyGC
    04-30 10:40 AM
    You are there for a long wait..mine was filed in dec and still pending.



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