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Thursday, June 9, 2011

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  • pranju
    07-21 11:16 PM
    1 - if u have any new h1 approval notice after you came to US , then yr i-94 number will be same in approval notice , normally the last i94 and recent aproval notice 194 matches , u can cross check from there

    2- not sure

    Hello,

    I have a couple of questions here:

    1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?

    2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??

    Thanks in advance for all the replies.





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  • sweet_jungle
    10-21 01:12 PM
    Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email

    Hi Khris,
    Do you also have 2 PDs in same EB2 category?

    I have submitted ombudsman case sheet by mail.

    My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.





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  • pankaj_singal
    08-21 09:14 AM
    Very well said!

    "By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone..."

    Pathetic - Back in India (and the Indian Consulates here in the US) - they play with our paper-work - right from when I remember - it's been one story after another...it's really frustrating.

    By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone...





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  • sanju
    03-02 11:32 AM
    This is good stuff. Thanks for posting it. Not sure if many people have looked at this study because everyone is busy fighting in gulti v/s panju v/s guju v/s bihari v/s others w/s every other category we can think.

    I suggest you delete this thread as no wants to look at this.


    .



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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





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  • punjabi
    07-27 02:10 PM
    Thanks for sharing!



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  • for_gc
    06-14 03:44 PM
    Question is who will bell the cat.





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  • sparky_jones
    05-20 01:26 PM
    "We are beneficiaries of an EB3 petition"

    Isn't that the biggest issue with several of us! :)



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  • cbpds
    05-27 05:13 PM
    I know someone who did not pay the bill but returned to US without any questions

    disclaimer: may vary from case to case

    My parents visited here in US last year. Unfortunately my mother got high fever and admitted in hospital giving me bill of 30000$.

    Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.

    I negotiated with hospital to pay 15000 and paid off hospital bill.

    I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.

    Does this 500 dollar collection notice will effect my mothers next visit?
    If I pay now does it matter anyway?
    Is there any chance of deportation?

    Please advice...





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  • brahmasap@gmail.com
    04-11 02:34 PM
    Hi,
    My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
    Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?

    I have two questions here.
    1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
    2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).

    Please help me by answeringthese questions.

    Regards,
    Brahma Reddy



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  • samrat_bhargava_vihari
    02-12 09:59 AM
    Oh NO, if this happens then it will close the last door on many people.
    yeap and may move EB2 dates??





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  • YesWeWillGet
    09-23 08:13 PM
    First of all thanks for your valuable feedback.

    FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).

    So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?

    Thanks,



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  • dixie
    05-25 08:46 AM
    I think this is independent of sec 508. Countries like India, China, mexico, philliphines, UK (in fact the top 12 immigrant sending countries) are all excluded.





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  • anilsal
    07-18 01:00 AM
    Guys, if you are suggesting that we should start work on each of these pending issues, then
    a) either you start working on them by joining the IV Local State Chapters or
    b) contribute ****from your heart*** to IV to do the noble work.



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  • niceguy
    12-18 06:39 PM
    So USCIS is still reviewing I-140 even at I-485 stage. That is scary if your I-485 is at different service center than your I-140 approval.

    This is really a very scary ride. Hope we can all survive.
    But one thing every one should remeber is not to relinquish their H1B status until you get your GC in hand. This is the easiest way to stay in status.

    All the best..





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  • drirshad
    07-22 05:35 PM
    Change ur screen name dude otherwise it will be mistakes all the way ....

    By Mistake.I said yes.



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  • Humhongekamyab
    02-24 02:39 PM
    For those who think that this is good and will not affect them -

    What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.

    If we don't do anything illegals will be citizens while people with H-1 and even EAD will be forced to go back.

    Can't agree more. This is how it starts - Divide and Rule. First it was the TARP recipients only. Next will IT companies. Then it will be EAD and maybe finally the Green Cards.





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  • Leo07
    12-27 03:09 PM
    If you have your latest H1B approved, old Stamp is still valid. Just inform your attorney and take the papers that your attorney will pass on. Plus your employment letter+recent pay stubs, just the regular stuff.

    Good Luck with your mom's health!

    God Bless!

    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice





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  • MeraNoAayega
    05-18 06:51 PM
    This is great news. I think the lawsuit was made to coincide with the conference between USCIS and DOS with members of Congress. This is a total game changer.

    Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!

    Hindi-Chini Bhai Bhai!!!

    Good... I hope all the chinese EB3 applicants will file the intake form, then get their GC's....:)





    gjoe
    10-03 02:41 PM
    First let us get USCIS to process our applications strictly based on PD. Then we will have more people for the rally because new PD date members would be more motivated to participate in the grassroot effort





    bekugc
    03-04 04:46 PM
    hello;

    Here are my details.

    1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
    2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
    3. became eligible for ac21 in jan 2008
    4. so far not yet used AP or ead

    the qn is -->

    1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
    2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
    3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
    4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.

    can you give ur opinion regd the above qns? thanks



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