Saturday, June 11, 2011

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  • Administrator2
    01-20 02:02 PM
    This looks great.....good work.

    However, it looks like the reputation button is not working right. :)


    Thanks Saralayar! A lot of members helped to make this change. Ideas and effort from a large number of members were pooled in. Special Thanks to coopheal for working on the wiki. That was awesome work.

    Hi! Ennada,

    We tested again and the Reputation button is working fine. We have disabled the reputation messages. Please let us know what is not working with the reputation button and we will fix it.

    Thanks,





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  • Reddy1576
    07-27 10:17 PM
    I have another question if my I-140 is in appealed stage will my H1 b would be approved? If approved what are the chances of getting approval if i tranfer my H1b with the different company while I-140 is appealed with the existing company?

    can i apply one more I-140 , and what will be my case in this situation?


    Thanks
    Reddy





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  • clockwork
    07-18 09:52 PM
    Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.

    Hi Googler,
    Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -





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  • belmontboy
    08-14 08:28 PM
    USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."


    News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)

    Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485

    good morning.
    This horse has been beaten to death before.

    the pre-adjudication process does not give u any benefits of I-1485.

    I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!



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  • roseball
    10-08 10:38 AM
    Thanks Pappu for posting this.

    This is the best article I read with the words "Lou Dobbs" in it.





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  • mzafar125
    11-07 02:12 PM
    Folks,

    I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.

    My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.

    Labor approved
    Applying for I-140
    Priorty date 10/2002
    ROW

    Thanks again



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  • bijualex29
    07-19 10:36 AM
    I do not think that it applies to new EAD, it only for renewing the EDA card





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  • psaxena
    06-26 01:02 PM
    Planning to have the conference call Friday evening 4:00PM AZ time

    PM me who are going to join the conf call

    Free Conference call Info

    Conference Ph:

    (218) 339-2500


    Pin:

    1034856#



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  • visaspirant
    10-22 02:14 PM
    Thanks again Elaine, for clearing much of the fog in my mind!

    So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?

    Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?

    Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?





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  • lazycis
    01-11 01:12 PM
    I cant. I have no money after paying for school, lawyers fees in GC. As I said my company did not pay a dime for getting GC work done. Had to bear all expenses myself. Dont even know whether company will pay for H1 renewal next year.

    Do it yourself, like I did. It will cost you $350+mailing expenses. You can find many victories on our forum. It works.
    http://boards.immigrationportal.com/showthread.php?t=194681&page=600

    Here is step by step guide
    http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps



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  • saimrathi
    07-10 03:18 PM
    So USCIS will never see the flowers becoz they are boxed.. and they will never get delivered becoz they are being routed from the airport itself. No major news media covered the few deliveries at USCIS.. What was the point of the campaign again?

    For those of you who is interested in one line Q/A

    "Is the flower campaign working? Yes"

    "Are we good enough with what we have done? Not 100%"

    What happened

    We were at the loading dock by 10 30 am ( Delivery estimate was between 11 am and 1 pm) and DHL appeared to
    have already delivered around 50 boxes once around 9 am. All the flowers we sent are boxed . The visuals will
    be boxes and not flowers in the evening when the youtube video will be uploaded. UPS delivered nex. We got the
    video of the whole delivery and so did the CNN-IBN/Voice of America folks. There were around 30 boxes or so from
    UPS. Next Fedex delivered and there were around 10-15 boxes coming out. While we were doing the recording one of the
    officers politely told us not to capture federal buildings and we told them that we were only capturing the delivery of
    flowers. After this what ever truck was coming in, they were reversing and pushing back into the dock so that the
    delivery cannot be taped. CNN-IBN reporter asked for permission to go inside the loading dock and she was promptly
    denied any permission. Then We had a down pour for almost 20-30 minutes and we had to leave the place.
    It appears that the S&H dept now knows that most of the flowers are being delivered by DHL/UPS/FEDEX, they are taking
    care of the diversion at National airport it self.

    In the future if any one wants to do a flower campaign, Please select 2 local florists
    (only two florists, in that particular city) and have people call and place orders/online. That way
    we can talk with 2 florists and track their delivery easily for picture/video. Every one who tried to call
    FTD/proflowers had alot of trouble getting any thing out of them. Actually, we cant blame them because they
    are not doing it locally,instead they are putting their orders via national carriers.

    Where do we go from here

    If people really want to go out and get the main stream media attention, DC is the perfect choice. How ever,Don't plan on a weekend. If we do it right, we could be live on TV and the whole country will ask whats going on, along with the law makers. That will offer a platform for solving the issue at its roots.If you really want to do this, Dont come up with reasons like I dont have time off for a day or I have a project due. I can understand if 1 or 2% of our active members say it, but when 98% of our active members say that I can understand what it is. May be its time we figure out whether we prefer anonymity and pontifical verbatim on the online forum to expressing our concern/disappointment openly. Do not get offended and start flaming me. Just my thoughts.





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  • deepakd
    07-09 11:38 PM
    My lawyer also says the same. I'm also in similar condition where company is applying for 1 1140's.

    Regd experience, I dont know if USCIS calls an employer.


    Well, USCIS would/may call the person who has given the reference.
    It may be very well be possible that this particular person is currently working for a different company.



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  • The7zen
    08-24 09:52 AM
    Hello Everybody,
    Thanks for the welcome and glad to join the group.
    I have also given the contact details and already got access to the google group.





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  • Rajwaitingon140
    11-21 12:09 PM
    Quizzer

    Could you please let me know what is the procedure to go for an SR (Service Request)?

    Thanks in advance.
    Raj

    Hi Raj
    Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.



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  • sledge_hammer
    02-23 12:44 PM
    I would say YOU need that "good luck" more than the members that answered your question!!!

    Thanks for your response.

    I will stay in touch & keep posting if I need more clarifications in my case.

    Until then, Good Luck:)

    Shivani.





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  • pappu
    02-11 11:22 AM
    Pappu,
    I agree, and so just to vent, IV forum participation must be a give and take, it is shameful and unethical to ask questions and run away once its been answered or their problems are resolved, we have thousands of members and only a handful of them have contributed towards 2009 contributions, the total has not even touched $1500?? there is a limit to being a free rider, at times like these when legal immigration has hit bottom in the priorities list, cant we atleast pool some money and support those who are trying to work for us?? is it too much to ask? its just not enough to say "god will help us", god helps only those who help themselves.

    I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
    or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.

    Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.

    When they see it as their own effort they will participate more actively and make IV their website to go to and participate.



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  • cdeneo
    01-05 04:45 PM
    That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!

    If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

    my 2 cents.





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  • indianabacklog
    02-13 08:30 AM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.


    You can simply use the tuition fees deduction on the front of the 1040 return. It will reduce your adjusted gross income. I have been using it for deducting my sons tuition for three years.





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  • Singer
    10-22 01:12 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





    moclutch
    09-30 04:22 AM
    There was no move for Nebraska I-140 EB3 category.





    sparky_jones
    05-07 12:23 PM
    Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).

    But I found this article from Murthy.com to be conclusive on this matter.
    MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)

    Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.

    I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.

    So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...

    At the end of the day, it boils down to you. Who do you want to trust?



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