satishku_2000
12-28 01:18 AM
RFE for I-140
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
It will be sent to attorneys office.
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
It will be sent to attorneys office.
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Jimi_Hendrix
09-19 03:56 PM
Dear Pappu and Core Members,
I appreciate all your efforts and have made my own contributions to support what IV does. Lately due to the political standstill in the House, we have not seen much movement on the immigration issue. At the same time it is important to have some actions illustrated in the open forum to attract the attention of new members and existing members who continue to visit this website. I am of the opinion that unless the 'interest level' of people is maintained in coming to this website, understanding the action items and following them, people will lose interest in visiting this website.
Regards
Jimi
I appreciate all your efforts and have made my own contributions to support what IV does. Lately due to the political standstill in the House, we have not seen much movement on the immigration issue. At the same time it is important to have some actions illustrated in the open forum to attract the attention of new members and existing members who continue to visit this website. I am of the opinion that unless the 'interest level' of people is maintained in coming to this website, understanding the action items and following them, people will lose interest in visiting this website.
Regards
Jimi
sanhari
11-19 04:37 PM
Legal immigrants and visa recapture in the dream act, contact your local congress man or senator, using the following template
"http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501"
"http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501"
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h1techSlave
04-04 04:10 PM
Agree with you 100%. And this does not require a law change and is relatively easy. Not very easy, but easier than getting a new law passed.
I saw a comment on a lawyer's website that recapture of unused visas can only be done through legislation and not through administrative fix..
And, the real issue we should try to address here is USCIS inefficiency.
There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..
So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..
I saw a comment on a lawyer's website that recapture of unused visas can only be done through legislation and not through administrative fix..
And, the real issue we should try to address here is USCIS inefficiency.
There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..
So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..
more...
sen_raju
05-26 05:14 AM
Yes.
dear sen_raju,
i do not want to spoil your happiness by providing the following link. Please make sure that your case was approved when the priority date for you was current. Go through the following link to understand more and take necessary action.
http://www.murthy.com/news/n_app485.html
if 485 gets approved when priority date is not current we need to notify uscis and they will change our status back to aos. If we do not report this, it could create problems in future. The above link provides detailed information.
I believe your priority date is current as of the approval date.
dear sen_raju,
i do not want to spoil your happiness by providing the following link. Please make sure that your case was approved when the priority date for you was current. Go through the following link to understand more and take necessary action.
http://www.murthy.com/news/n_app485.html
if 485 gets approved when priority date is not current we need to notify uscis and they will change our status back to aos. If we do not report this, it could create problems in future. The above link provides detailed information.
I believe your priority date is current as of the approval date.
deafTunes123
08-28 09:54 AM
I am also in same situation. Two 140s (eb2 and 3) both have same PD. Have beed trying for interfile from last one year. I do not know if my case is eb2 or still in eb3. I enquired from Congressman and she told me that my case is assigned to a IO on 6th Aug so its in eb2. She is not listening to anything else after telling me this information. I have infopass on 2nd Sep. lets see ...
Good Luck dude. Please update after your info pass appointment.
Good Luck dude. Please update after your info pass appointment.
more...
ss_col
04-04 01:34 PM
There is nothing wrong with anyone getting a green card but the process should be fair. There is nothing fair about getting GC within 6 months while people are waiting in line for 6- 8 years. All those who are getting in 6 months - good for them but the system should address it fairly. Its high time they look into it specially with retrogession coming into the picture.
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greencardfever
02-18 08:27 AM
Thanks a lot for all your answers!
more...
shirish
09-28 12:18 PM
ANy one sent to NSC after 23rd July got RN/EAD/AP anything , from CSC?
Basicallly trying to see if CSC moved beyond 23rd July?
Basicallly trying to see if CSC moved beyond 23rd July?
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rcr_bulk
08-14 11:11 AM
Dear IVans,
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
USCIS efficiencies :D : They are not efficient. People with PD in 2002,2003,2004 are still waiting and that are in 2006 getting released. Where is FIFO and efficiency in their process? No transparency in their process.
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
USCIS efficiencies :D : They are not efficient. People with PD in 2002,2003,2004 are still waiting and that are in 2006 getting released. Where is FIFO and efficiency in their process? No transparency in their process.
more...
anilsal
08-30 08:56 PM
need to send an email with name, email address, phone number and GC PD to:
IL at immigrationvoice DOT org
Only then you will have faster registration. :)
IL at immigrationvoice DOT org
Only then you will have faster registration. :)
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dvb
10-12 12:01 PM
Unfortunately, we are left trying to fix things ... based on these forums, I probably now know more about immigration law than some of the USCIS people. :D
more...
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gc_kaavaali
03-17 04:14 PM
That is good idea to keep H1B status as much as possible. Use EAD when u have to use it.
Thanks
In continuation to the below thread, I was asked to start a new thread
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
Thanks
In continuation to the below thread, I was asked to start a new thread
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
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EkAurAaya
11-30 09:13 PM
Thank you guys for the good wishes :)
Here is what we learned from my case, please feel wordsmith it and put it on wiki -
Some History:
My PD - Feb 2003 EB3 (140 was marked for CP)
May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.
We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)
My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays
Her Lawyers advice: We have not come across such situation, we think we should file anyways.
Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)
Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.
So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.
Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).
Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.
Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval
Hope this helps!
Here is what we learned from my case, please feel wordsmith it and put it on wiki -
Some History:
My PD - Feb 2003 EB3 (140 was marked for CP)
May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.
We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)
My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays
Her Lawyers advice: We have not come across such situation, we think we should file anyways.
Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)
Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.
So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.
Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).
Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.
Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval
Hope this helps!
more...
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map_boiler
07-12 12:24 PM
Just trying to sum up the situation from USCIS perspective...
1) DOS releases July visa bulletin making all EB categories current (except for other workers)...hoping to force the USCIS to adjudicate cases and avoid wasting visa numbers as in previous years
2) This infuriates USCIS, and for whatever reasons (this has been debated enough already), they decide to use up all the FY2007 visa numbers in June itself and then force the DOS to revise the July bulletin in June itself...so no one can file in July.
3) Unfortunately, they run into issues going through with their plan of using up all visa numbers in June
4) July 1st and morning of July 2nd...they still are working frantically to use up the numbers to avoid new July filers. But by now, it is July already and they have failed in their original mission (see 2 above). Now they start panicking and do some dumb stuff (in violation of their own regulations). They approve I-485's of some folks who were ready for approval (processing complete and FBI check cleared), but whose dates were not current. They also pre-requested some numbers for folks whose dates were current, but processing was not complete i.e. FBI check was not cleared.
5) Late morning July 2nd: By requesting all available numbers from DOS and exhausting FY2007 quota, they forced DOS to revise the July bulletin, which was unprecedented.
6) July 5th and later: It is now post July-2nd, and USCIS still has cases for which they pre-requested numbers. Now the problem is that even if the FBI check comes through for those cases, they cannot approve them because technically, all numbers have been used up for FY 2007. So they start returning numbers to DOS. They also decide NOT the send the applications of people who filed on July 2nd or later back while they decide on the next course of action...
I think this will have major implications for both USCIS and DOS. The key for USCIS was to exhaust visa numbers on or before June 29th to achieve their obejective without repercussions...and force DOS to revise the bulletin in June itself...and they failed miserably at it.
And now they will have to pay. I know some people are thinking please let USCIS just sweep it under the carpet and just allow us to file our cases...no harm done. But I diasgree...what they have done is shameful. And they should be made to pay for playing with our lives. They should never be able to even think of doing something like this again. And their operations should have direct congress/DOS oversight so they cannot get away with snail-paced processing wasting visas ever again...
1) DOS releases July visa bulletin making all EB categories current (except for other workers)...hoping to force the USCIS to adjudicate cases and avoid wasting visa numbers as in previous years
2) This infuriates USCIS, and for whatever reasons (this has been debated enough already), they decide to use up all the FY2007 visa numbers in June itself and then force the DOS to revise the July bulletin in June itself...so no one can file in July.
3) Unfortunately, they run into issues going through with their plan of using up all visa numbers in June
4) July 1st and morning of July 2nd...they still are working frantically to use up the numbers to avoid new July filers. But by now, it is July already and they have failed in their original mission (see 2 above). Now they start panicking and do some dumb stuff (in violation of their own regulations). They approve I-485's of some folks who were ready for approval (processing complete and FBI check cleared), but whose dates were not current. They also pre-requested some numbers for folks whose dates were current, but processing was not complete i.e. FBI check was not cleared.
5) Late morning July 2nd: By requesting all available numbers from DOS and exhausting FY2007 quota, they forced DOS to revise the July bulletin, which was unprecedented.
6) July 5th and later: It is now post July-2nd, and USCIS still has cases for which they pre-requested numbers. Now the problem is that even if the FBI check comes through for those cases, they cannot approve them because technically, all numbers have been used up for FY 2007. So they start returning numbers to DOS. They also decide NOT the send the applications of people who filed on July 2nd or later back while they decide on the next course of action...
I think this will have major implications for both USCIS and DOS. The key for USCIS was to exhaust visa numbers on or before June 29th to achieve their obejective without repercussions...and force DOS to revise the bulletin in June itself...and they failed miserably at it.
And now they will have to pay. I know some people are thinking please let USCIS just sweep it under the carpet and just allow us to file our cases...no harm done. But I diasgree...what they have done is shameful. And they should be made to pay for playing with our lives. They should never be able to even think of doing something like this again. And their operations should have direct congress/DOS oversight so they cannot get away with snail-paced processing wasting visas ever again...
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rajeshalex
06-18 12:15 PM
It appears that most of the one sided agreeements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
more...
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gcnirvana
12-06 01:48 AM
Okay...looks like you are in the same boat as me. Can you please check with your attorney and let me know what he/she has to say??
Thanks!
The visa in my passport expired 4/2006.
Currently I am on my 7th year (which I do not have stamp for since I did not leave the country in a while) which ends 4/2007.
I just applied for my 3 year extension (8th, 9th 10th) which I hope to get approved in Feb before I leave.
Thanks!
The visa in my passport expired 4/2006.
Currently I am on my 7th year (which I do not have stamp for since I did not leave the country in a while) which ends 4/2007.
I just applied for my 3 year extension (8th, 9th 10th) which I hope to get approved in Feb before I leave.
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admin
04-08 09:05 PM
Great work Alok in getting this endorsement from AAPI and Dr Koli. This goes to prove that we are getting more and more broad based support.
IV has been endorsed by Dr Vijay N Koli, President of American Association of Physicians of Indian Origin! http://www.aapiusa.org/index.aspx
AAPI, under the able leadership of Dr Koli and its Legislative Director, Anurag Varma, have been helping us behind the scenes. With acceptance of this Advisory Role Dr Koli has chosen to formalize this relationship.
Dr Koli is an Internal Medicine physician who has been in practice for over 27 years in San Antonio, TX and who has ably led AAPI on some fresh initiatives. One of these involves AAPI formally providing expertise to the Indian Government in healthcare � this was formally acknowledged by the Prime Minister of India as one of the great initiatives at the latest Pravasi Bharatia Divas.
Our cause is strengthened by Dr Koli and AAPI & their blessings!
IV has been endorsed by Dr Vijay N Koli, President of American Association of Physicians of Indian Origin! http://www.aapiusa.org/index.aspx
AAPI, under the able leadership of Dr Koli and its Legislative Director, Anurag Varma, have been helping us behind the scenes. With acceptance of this Advisory Role Dr Koli has chosen to formalize this relationship.
Dr Koli is an Internal Medicine physician who has been in practice for over 27 years in San Antonio, TX and who has ably led AAPI on some fresh initiatives. One of these involves AAPI formally providing expertise to the Indian Government in healthcare � this was formally acknowledged by the Prime Minister of India as one of the great initiatives at the latest Pravasi Bharatia Divas.
Our cause is strengthened by Dr Koli and AAPI & their blessings!
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twinbrothers
07-11 05:22 PM
Yes you can claim them as dependants. I have done this in the past. All you have to do is file the ITIN application with your Federal Tax Return.
LostInGCProcess
10-07 11:00 AM
Truly a tragic incident. There is no excuse, what so ever, to take someones life and to commit suicide. No matter what the hardship, it has to be faced and move forward. Indians are too emotional and take it so personal and worry more about what others think.
bsbawa10
04-18 07:41 PM
I have sent letter twice. They forward it as it is to USCIS and send a reply back that it has been forwarded to USCIS for action. Then you receive a letter or call from USCIS that your case cannot be considered unless your PD becomes current.
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