Monday, June 13, 2011

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  • modvik
    07-17 03:12 PM
    Congratulations to you! Must be a big burden off your chest.

    I have a question: how would I know whether my process is past the name check or not. I got FP done last december (2005). No updates on the USCIS website for me since then and the 800 number gives a canned message and you cannot get to talk to a real person there.


    Am I hysteric or what?
    Any ways here is the flash.
    My case has been approved and got the so called Magic e-mails stating that the cards have been order
    for me and the spouse.

    Here is the "series of unfortunate events" :
    1.
    EB3/TSC
    PD: Sometime in 1998
    Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.

    2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
    thought I would save some time.
    3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
    4. Elated with the good news, applied i-140 & I-485 in 2004.
    5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
    amount of time.
    6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.

    Following is the chronological order:
    EB2/TSC
    PD : October 17, 2001
    LCl : January 7, 2004
    RD I140/485 : May 28, 2004
    EAD : July 26, 2004
    FP Notice Date : February 1, 2005
    FP Done : March 22, 2005
    I140l : February 11, 2005
    Namecheck initiated: June 2004
    Namecheck cleared: June 2006.
    I-485 cleared and cards ordered: July 2006.

    Here is what I did to get out of namecheck:

    1. e-mail to FBI on monthly basis
    2. Snail mail to FBI, OMBUDSMAN on monthly basis
    3. FAX to FBI on monthly basis
    3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
    FBI directly
    4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
    FBI directly. One senator never even responded
    5 got FOPIA.
    6. Made the attorney to contact USCIS officially
    7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
    and almost filed WOM. Only thing left is to send the papers.
    8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
    Just tried some personal mails to USCIS director FBI et all.

    Not sure what really worked. Some one from DOJ took time to call me and informed that my
    name check got cleared.

    moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
    try the above steps and hope for the best.

    Thanks to the forum members!!! I learnt lot from your experience.

    I will still be around on this forum and will try to help as much as I can




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  • laborchic
    10-06 11:39 AM
    Its an honor to have such prestigious members on IV Advisory boards..

    Great to know that we are in good hands..




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  • sreedhar23
    04-21 12:15 AM
    Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.

    MSR




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  • bestin
    03-24 09:31 AM
    but does your I-140 need to be approved before you can use your EAD?

    NO.U can start using it.But if 140 is denied you cannot renew it.


    More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?

    Thanks..

    Yes you can travel on AP.



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  • amaran18
    08-13 04:23 PM
    First of all, Congrats !!

    You should talk to a lawyer to get this clarified.




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  • Karthikthiru
    04-15 12:12 AM
    Jet airways is good. My parents are coming in May with Jet Airways. Lot of my friends has told that Jet is good with leg space and very good service. They specifically said about how friendly they are with elderly people coming travelling from India. The only issue is - they fly till Newark only. But when you book they can take to any city in US.

    I just want to let you know that everyone who have used Jet airways has told very good about their international service. Opinions may differ with different people



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  • bfadlia
    03-15 01:31 PM
    ^^^^




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  • cs.0
    02-13 06:32 AM
    hi.

    http://www.immigrationlawgroup.net - IMMIGRATION LAW GROUP LLP

    I am dealing with the above attorney group from past 6 years. They r very good and they take very decent fees.

    thanks,



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  • pt326bc
    08-03 10:33 AM
    I 140 is for a future job.

    You certainly could use an approved I 140 from Comapny A while applying for an H1B extension (doesn't matter if it is Company A or B which is sponsering the H1B).

    The critical part here is I 140 should be active (meaning shouldn't be revoked).

    Of course if you do apply for an extension beyond 6 yrs (and get it for 3 yrs if your PD is not current); AND at that point I 140 is withdrawn (after approval of H1B) then you are in a grey area.

    Technically if an H1B is approved then it cannot be revoked by USCIS for the reason that the I 140 on which it was based has been withdrawn. But in the current atmosphere who knows!

    Again this is not legal advice, just an opinion as I am not a lawyer!

    Regards.




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  • krupa
    07-10 09:02 AM
    Can u post the link to that bulletin announced on 9th july 2007? We didnt find anywhere ?

    vaishu


    Visa Bulletin
    Number 108
    Volume IX
    Washington, D.C.


    The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.

    The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.

    Input by Krupa:

    The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.



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  • yabadaba
    06-23 07:29 AM
    dont forget july 4th is a holiday..so when they come back on the 5th they will have applications touching the roof.

    but from what i am hearing a lot of people are waiting for august bulletin and will apply on july 31st with the higher fees to avail the free ead/ap.




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  • laststraw
    03-23 02:01 PM
    Here is my situation:
    My EB2 (the job requirement was Undergraduate degree with 5 years of experience) was rejected due to the 3-year degree and is in the appeals process. I have an EB3 pending at NSC for the same labor.

    I can also move into a new role which probably has an EB2 requirement of Masters degree. And I have completed my MBA here. Will I be able to use my MBA degree obtained in the USA and port my priority date to a new EB2 application?

    Thanks in advance for your assistance

    LastStraw



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  • aranya
    01-15 02:44 PM
    Yes, it's indirect deduction.
    Thank you; my reading of the law is also the same. However, a few of years ago (post-2001) both inside and outside counsel hired by my company came to a different conclusion. Hence, my parsing of the words.




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  • Sunx_2004
    07-06 10:58 AM
    Can someone please provide the format of the affidavit.

    Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.

    However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!



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  • Steve Mitchell
    March 20th, 2004, 02:40 PM
    Had to crop this one a bit...here's the reaction after hitting the game winning shot shot with 1.7 seconds left to give the Kings the victory.



    http://www.dphoto.us/forumphotos/data/543/1victory.jpg




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  • samy
    11-06 02:29 PM
    Glad to see your initiatives. But our focus should be different.

    The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.

    In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.

    Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.

    Please keep the spirit alive. Thanks.



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  • ram006
    07-17 09:35 AM
    I meant re-apply for her 485

    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,




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  • centrum
    09-25 02:33 AM
    Hi,

    I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.

    My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:

    a) H-1B extension
    b) PERM
    c) green card

    If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.

    I would really appreciate if you could reply with cases you've seen or experienced in the past.

    Thanks in advance.




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  • redgreen
    03-14 12:14 PM
    So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?

    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.




    veni001
    02-07 08:11 PM
    Could you please advise how do I get the lawyer for this ? Do you know any in specific?

    There are lot of attorney Ad's on this web site, you can check with any one of them!




    coopheal
    04-29 09:26 AM
    Cons
    2.Now all counties will be backloged instead of just I and C. ( Misery loves company)

    Just because you framed this in a -ve sentence does not make it a con. removing country limits is a civil rights victory.



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