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  • colors
    09-04 11:47 PM
    I received RFEs from my attorney and mine is on BC and my wife's is on Marriage Certificate + marriage photo and USCIS requested me to submit non avialability ceritifcate. I do have a BC with all the details but registered date is oct,2007 (That's when i applied for BC) instead of old date.

    Is it a problem ? Do i have to submit anything more

    Please advise

    Thanks in advance

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  • arnet
    08-01 07:55 PM

    I'm not a lawyer. Disclaimer mentioned by IV and its members holds good for me too. The information provided below is of a general nature and may not apply to any particular set of facts or to all circumstances and not be construed as legal advice. You should not rely solely upon information here and You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.

    Please read and discuss this issue and see whether we can include as our goals:

    I know the existing IV goals should be our top priority and we shouldnt lose our focus but we should work simultaneously to get other reliefs to make our life better. Eventhough retrogression is main issue as of now, people are affected by visa revalidation issues (visa stamping), name check issues, etc. So I collected all the major issues I read and mentioned below to discuss with you all.

    These broader goals will save us lot of time/money that we spent on renewals of visa/postage etc. and inturn attracts more membership registration/contribution/publicity/broader support from all groups/nationals/associations/attroneys etc to IV group. So please read this and see whether how much feasible it is (or) suggest some possible solutions to IV who can request our lawmakers to solve or ease our problems.

    Goals to request USCIS/Lawmakers to get relief for the following problems:

    1. Can we request to allow filing of our I-485 even if the priority dates are nt current and can avail EAD/AP benefits? Can we request to give us 3 years EAD/AP if I-485 is pending or filed recently (average renewal cost is 350$ PER PERSON FOR A YEAR for EAD+AP, so add for each dependent-that too now people are doing 4th time extension because of retrogression even if they didnt use EAD/AP or not)? Also can we request them to implement immediate relief package to ease retrogression problems and then to solve this issue permanently? (Note: I know IV working on this one issue)

    2. Can we request, for EAD/AP/H1, dependents applications should be approved simultaneously along with principal applicants even though they are filed separately? (May be they can bring one application form for principal+dependents).

    3. Can we request them to bring e-filing for all forms before Oct 2007 (including visa, gc forms) and we can submit scanned supporting documents using attachments to reduce paperwork and to avoid postage problems (lost/delay)? (But e-filing should automatically generate immediate Notice Numbers/Notice Date/Received Date once we submit--this is to avoid waiting for receipt numbers).

    4. Can we request them to fix the maximum approval times for visas and for EAD/AP/Labor/I-140, say 3 mths maximum for first time applicants, a month for renewals or extensions, and (within) 15 days for premium processing?

    5. Can we request them to implement revalidation again in US, may be to do fingerprint for revalidation, may be we can goto nearest USCIS local office in our city/state with reqd documents/Passport (same as for GC process) and they can take fingerprint and after verification they can send passport with visa stamping?

    6. Can we request them that emergency appointment dates should be immediate not 6 months later and should be applicable for any major life event including marriage too (not only for death or medical reasons, this might help people nt to postpone their marriage based on visa availability dates)?

    7. Can we request them to bring dropbox again (if revalidation done outside US) for visa extensions in same category or for dependents or for parents (older than 60yrs) (also fingerprinting can be done while dropping the documents)? (for newer case like H1/F1 they can have interview)

    8. Can we request them for a new premium revalidation processing option at extra charge (because emergency appointment is not available for work related emergencies even though it is mentioned)?

    9. Can we request them that Name check/Finger Printing Check should be verified and cleared within 90 days (maximum) for GC? for visa revalidation (not for new): we can request them to be verified and cleared within 1-3 days maximum because they can do the actual check during visa processing itself i.e. while approving I-797 or whatever?

    10. Can we request them to bring a new premium processing for name/fingerprinting check up for extra fee? Also request to view fingerprinting status and history online? Can we request them to consider whether people can get security clearance certificate in advance for Visa/GC (to reduce processing time)?

    11. Can we request them to allow dependents (spouse, children) of principal applicants to get SSN/driving license, also request to allow dependents to work except restricted areas (for job in some areas requires citizenship or GC) and also request to allow dependents to get financial aid/assistance too while studying?

    12. can we request them to improve USCIS customer support (including FBI for fingerprinting) OR to provide 24x7 Customer support (to avoid waiting on hold for 1hr during peak hrs).

    13. not sure, how it is now, can we request that H4 visa period shouldnt be counted against H1 visa period?

    14. can we request them to allow our parents (who wants to visit in tourist visa) shouldnt be rejected if all documents provided? also request them to give mandatory 10yrs multiple entry visas should be given to both, if atleast one of the parents is older than 60yrs?

    15. can we request premium processing should be less than 1000$ either it should be double or triple times the regular fee (for e.g. it shouldnt be 1000$ if regular application fee is 175$, can be 350$ or 500$ which is reasonable)

    17. Can we request them to allow anyone to transfer from one visa to another visa category within US?

    18. Backlog Elimination Funding: Can we request lawmakers to increase atleast 2-5% funding of previous budget of USCIS to upgrade technology, hire more manpower, customer service, training employees, userfriendly website inorder to eliminate backlog and to expeditate processing time for existing applications?

    Please discuss these things and make reasonable things as our future goals even if nt top priority. Thanks!!!!

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  • gk_2000
    05-15 11:13 PM
    startup visa is the most horrible of all the ideas..... this subject is like a hidden enemy of all immigrants waiting in the backlog ..... is anything like this would pass..... the congress will tell everyone that entrepreneurship related immigration issues are all fixed.... it will be hailed as the biggest victory of american capitalism & congress will forget @ those stuck in the backlogs..... the reality will be that is just another way for those 170 venture capitalist to rake more....

    some reporters write these articles with no knowledge of the subject.... & with little or no research of their own....

    Why do you think it is SO horrible? Suppose this comes up for debate, we have an opportunity to revise the 170 VC's clause or maybe water it down some extent. If we are not able to do that, even then sometime in the future we could work those screws and try to loosen. At least it gives a segment of our community a chance to clear the line.. just my thinking .

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  • jsb
    10-24 04:04 PM
    Yes Sir...I am in the same situation...My Checks cleared on Oct 10, 2007 and I got my receipts on 10/16...Those receipts starting with SRC0800XXXXXX are not available online upto 10/22. But when I check status online on 10/22 afternoon...My and My Spouse EADs are approved and Cards Ordered. But rest of the Receipts still not available online.

    My receipts starting with SRC0800xxxx are still not in the system either. It is told that it takes a few days to get them in the system.


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  • lj_rr
    07-30 10:24 AM
    This is what the FAQ says

    "Q5: Where should employment-based adjustment applications be filed?
    A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."

    Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
    This is what is confusing me.

    Please see Q5 & Q6:

    Also FAQ2 for your reference:

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  • MatsP
    March 24th, 2005, 04:06 AM
    Another thought might be that the contacts on the lens isn't clean (or some other reason not making full contact).

    Or just simply that the camera is broken. Have you spoken to Nikon or the shop where you bought the camera?



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  • andy_8214
    09-15 08:00 PM
    Thread number 8 by must have filed under EB - "Too much time on my hands"

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  • mariner5555
    05-17 09:32 PM
    Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.

    IV'ans - Please refrain from any suggestions towards this
    though I can understand the advice ..I don't understand the reasoning immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
    Rique far as I can think is a very personal decision it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.


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  • Steve Mitchell
    November 21st, 2005, 07:51 PM
    This one...I sharpened it. Hope you don't mind.

    I was afraid to sharpen them too much. I thought that would too make much noise.
    Which one you like best Steve?

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  • njboy
    03-07 06:36 AM
    it would be difficult to show how a french degree is useful in your current job. Many companies get h1-b approved by showing a "business necessity", they need travel agents who speak a certain Indian language etc. Doing an MBA definitely will help, but not with the current job description. They are going to ask why the job requires an MBA?Ofcourse if you got a job teaching French, h1-b visa will be granted.


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  • BharatPremi
    11-30 06:16 PM
    You need to invoke IV-21 :D

    Good One...:D.. Then I will have to wait for 6 months from today...:D

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  • rsayed
    04-26 06:50 PM
    Be careful with what you post on this thread.

    Assume that all such threads that have lawmakers name in title may be read by someone in their staff so BE VERY CAREFUL in posting stuff that is a comment on any lawmaker.

    Restrain would be a good idea.

    I agree...


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  • uslegals
    11-11 10:32 AM
    thanks chakdepatte !...where do u mail all the docs...?? I read somewhere about a lock box and NOT directly to service center.?

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  • Asfandyar
    08-22 06:10 PM
    SKIL Bill--S-2611--Introduced to the House, May Raise H-1B, EB Quotas
    The SKIL Bill has been introduced to the House of Represenatives by nine congressmen, all Republicans. (The acronym stands for "Securing Knowledge Innovation and Leadership.") If passed into law, S-2611 would raise the H-1B cap to 115,000 and the EB quota to 290,000. It would also exempt spouses and children from the quota, which would certainly eliminate the current 5-year backlog in the EB-3 category. Many agree that the SKIL Bill is important to the U.S. economy.

    SKIL Bill: Who, What, Why?

    The SKIL Bill would help programs bring well-educated foreign talent together with U.S. employers who say they are suffering a shortage of skilled workers.

    Introduced by Representative John Shadegg (R-AZ), the SKIL Bill would reform the H-1B visa system as well as the employment- based (EB visa) green card process. Cosponsors include representatives John Campbell (R-CA), K. Michael Conaway (R-TX), John T. Doolittle (R-CA), Jeff Flake (R-AZ), Peter Hoekstra (R-MI), Michael McCaul (R-TX), Mike Pence (R-IN), John Shimkus (R-IL) and Todd Tiahrt (R-KS).

    The United States has found itself in a state of lacking competitiveness due to the difficulties that foreign students and workers have encountered with the U.S. visa process. The SKIL Bill's introduction to the House sends a message that the Bush Administration and the U.S. Congress alike are addressing this issue and taking it seriously.

    Some of the highlights of the SKIL Bill (Securing Knowledge Innovation and Leadership) include:

    -EB and H-1B cap exemptions for foreign workers educated in the United States who have earned a graduate degree. U.S. educated foreign workers with master's or higher degrees.

    -Making the H-1B process and cap more flexible, based on market needs, so that U.S. employers are not severely delayed from hiring essential foreign talent for months at a time.

    -Extending optional post-graduate work (practical training) from 12 months to two years, so that these highly skilled, U.S.-educated foreign workers have a better chance of attaining green card status and using their talents in the States.

    -Exempting spouses and children of EB green card applicants from the annual EB immigrant visa cap, which would free up these visas for the professionals themselves.

    Reasons Behind the SKIL Bill

    For more extensive details, see the entire text of the SKIL bill.


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  • va_dude
    02-17 04:31 PM
    Most of us who filed during jul/aug 2007 got our FPs done later that year.

    Aren't those FPs valid for only 15 months or so?

    So have folks started receiving their second FP notice yet?


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  • ss1026
    07-29 11:31 AM
    I am an EB-3 I with a 2005 PD on my 10th year on H-1B. I have a standing offer from a different company who are willing for file for a new GC in EB-2. I requested their HR to file my GC before I join their firm as I want to stay on my current project till the end of the year and they are ok with it but want to see some website/links stating that it is allowed and legal. I personally know that is allowed but had not much luck finding a good website noting this.

    Could anyone paste a link or point to a good website that has this clearly stated. Thanks


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  • new_horizon
    08-03 04:27 PM
    I received the same reply from Sen Debbie Stabenaw's office. I agree that they have a standard reply to all such questions. Really bad.

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  • burnt
    06-23 08:19 PM
    Gurus, help needed urgently - I had mailed my I-765 on Saturday via express delivery to the Texas Service Center as I live in NJ. The address I sent it to was
    Texas Service Center
    P.O Box 851041
    Mesquite, TX 75185-1041

    I checked my USPS tracking status, and it says the following

    We attempted to deliver your item at 10:33 AM on June 23, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.

    Has this happened with anyone else? I cross checked the address and its correct. So what should be done in this case?

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  • ragz4u
    02-03 03:01 PM

    I have used a similar copy myself when meeting the staff of Congressman Michael Fitzpatric, with great results. However we were told that we were waiting for the lobby firms to give us their input. My guess was, if they are going to provide some really good insight, then we might as well wait a little and add that b4 meeting the Congressmen/Senators.

    If you guys are decided on the presentation, then i can go ahead and book the appointment.

    Check your private message too!

    07-30 12:15 PM
    Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.

    03-24 10:26 AM

    I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!

    Request for Evidence

    The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.

    Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.

    You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.

    Officer # 11**

    This is exactly the same language I had when I got a NOID after ac21 change. Just respond back with evidence requested and you will be fine.

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