Thursday, June 9, 2011

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  • ram006
    07-16 10:37 PM
    Hi,
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?


    My main concern is on her status, any input will be greatly appreciated.

    Thank you.




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  • santa123
    06-07 05:43 PM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.


    :confused:




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  • sunderbans
    04-07 06:37 PM
    Hi

    I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.

    Please let me know thanks




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  • WaldenPond
    02-05 12:36 AM
    Hello iptel,

    Thanks for the excellent suggestion. We are on top on this one. Keep it coming ....

    Thanks again,

    -WP



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  • gc_maine2
    05-25 09:45 AM
    Sent just now.




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  • bitzbytz
    07-13 02:24 PM
    i backup admin...no threads for illegal issues. May be we can use private messages.



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  • srarao
    07-23 12:51 PM
    There is no significance, just to track




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  • fromnaija
    01-04 09:05 AM
    I dont know if this is possible but how about applying for EB3 using premium processing and once it is approved u have ur prority date set to Apr 2004 and then apply for EB2 I140 and ask for the April 2004 priority date.

    I am not sure if u can do this, looking forward from others to see if this is possible.


    It is possible as mnkaushik suggested. And your employers don't have to revoke the EB3 140 in order to file the EB2 140. You will need to file EB3 first and after it is approved, file EB2 and port the EB3 PD to the new application.



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  • ImmiRam
    09-13 02:31 PM
    Excerpt from the IV Home Page:

    "It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."

    Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?




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  • sanan
    06-01 06:00 PM
    I will be filing for my wife hopefully by the 10th!!

    my PD july 2002 EB3



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  • optimist578
    05-27 04:10 PM
    Hi,
    I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC

    I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
    Please share your experiences and ideas

    Thank You,
    Raj.

    Have you contacted USCIS Customer Service? What are they saying?




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  • JazzByTheBay
    09-07 03:36 PM
    Here are 5 of the more frequently asked questions, and answers to those by ImmigrationVoice. Note, these also appear on immigration attorney Sheela Murthy's web site (http://www.murthy.com/bulletin.html).

    Question 1. What is First Amendment? Does it apply to me? I'm on H-1 / H-4 / EAD / and have applied for I-485, etc.
    Constitutional rights of an individual are applicable to everyone, including foreign nationals.

    Question 2. Will I get arrested and/or deported for participating in the rally?
    No, participating in rally with proper permits from city police and other authorities is legal. You cannot be arrested or deported for simply participating in the rally.

    Question 3. Will participation in the rally negatively impact my current non-immigrant status or future green card application?
    No, exercising your civil rights does not impact your non-immigrant status or future green card application. There are certain procedures and processes for rejecting or denying petitions and applications, it is not done on whims and moods of agencies or USCIS employees. There is a process driven by federal regulations and rejections and denials are backed up by reasons described in federal regulations and the laws. Participating in rallies, meeting with your lawmakers, exercising your civic duties, and enjoying your civil rights granted by the Constitution are not grounds for denial or rejection of petitions and applications or any other adverse action on immigration petition or application.

    Question 4. Can my employer take action against me for participating in the rally? Do we have any obligation to inform my employer if I participate by taking a day off?
    No, an employer cannot simply take action against you for having exercised your Constitutional right granted by the first amendment. Whether you inform your employer about your plans for your vacation or day off is up to you and your relationship with your employer. Usually employers do not care what their employee do with their time off from work, as long as those activities are legal.

    Question 5. What kind of identification do I need to carry? Will my driver's license be enough?
    Yes. Your driver's license or a state-issued identification card is enough for ID purposes.



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  • prabasiodia
    04-08 03:05 PM
    This one was posted originally at http://immigrationvoice.org/forum/archive/index.php/t-20450.html. Just replace USVI with Hawaii.

    USVI is a US territory hence, you will be able to fly in with the drivers license. They do not take your I 94 back. Just to make sure you are in US territorial waters, don't swim or wade out more than 5 feet out in the water. You could be swimming in international waters without proper US exit authorization. Your entry to shore could be subject to unauthorized landing. A water tight bag lugged around your fanny with passport/I94/H1B/paystubs/employer letters/DL(Driver License)/EAD(Employment Authorization Document)/AP(Advanced Parole)/receipts/etc etc. should keep you safe though. Just keep it away from the sharks. Enjoy your vacation.:D:D:D




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  • gc_check
    01-06 10:15 AM
    VISA BULLETIN JAN 2010
    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment Second:
    China: July through October 2005
    India: February through early March 2005

    If Section 202(a)(5)were to apply:
    China and India: October through December 2005

    Employment Third:

    Worldwide: April through August 2005
    China: June through September 2003
    India: January through February 2002
    Mexico: January through June 2004
    Philippines: April through August 2005

    Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.



    The above quote is from Jan 2010 VB (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html). Unless there is any congressional action, no significant movement in cut-off date is expected. The whole prediction game does not push the dates any further :mad: Hope some thing works out or happens through CIR at least this year.



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  • Dhundhun
    09-10 07:20 PM
    ...
    'Fair'
    'Fast'
    'Forward'
    'Flexible'
    'Fix'
    'Flawless'
    ...

    Wonderful!!!




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  • gcfriend65
    12-07 03:12 PM
    If your wife has gotten fp notice, then try to go along with her on the scheduled date and time, they could take yours too, provided you get the notice before the day on which her fp is scheduled.
    its so weird, Oh USCIS have mercy on us. go IV



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  • rjgleason
    February 23rd, 2004, 07:49 AM
    Thre words for you: Because They Can!

    Reminds me of a local dealer here in Princeton.........




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  • zoooom
    08-14 02:02 PM
    Me too...I have a co worker who got her checks cashed though for the same lot.




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  • Brightsider
    11-08 07:11 PM
    Permit me to differ....with ND Bhatt.
    With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.

    The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.

    You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.

    That said, hang in there. Enjoy life while in the queue.
    Best




    dkshitij
    09-30 03:14 PM
    Sorry to bust your bubble. But this is not a India only forum. Immigration voice intends to represent all immigrants.




    dish
    09-21 04:14 PM
    It is important to note that Congress plans to hold a lame duck session beginning on November 13 which could include action on some immigration-related measure. As a result, we urge you to continue to make your voice heard and not let up until our immigration system has been fixed.


    http://www.numbersusa.com/hottopic/congress.html



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