Wednesday, June 15, 2011

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  • va_il
    05-16 02:46 PM
    Hi,
    Our 485 is pending for quite some time with no updates even though we recently went for our FP. Earlier we used to see an update when we log into our account on USCIS.

    I would like to meet with Congressman/Senator to find my case status and give it a push. My objective is to get an exact status of my case and why its delayed and also to find the name check status.

    Could anyone please suggest how to go about this i have never met with lawmakers before. How should i book an appointment and what should i say it is for? What information they would need from me to pursue my request?

    Btw i live in Northern Virginia .. who should i visit ?
    Would i be meeting with lawmaker or only with their staff?
    Do i have to take the USCIS and FBI contact info for them to call? Mine is pending in NSC.

    Appreciate any guidance in this regard from people who has gone thru this path before. I hope contacting Congressman wouldn't have a negative effect on my case.
    -A




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  • lj_rr
    07-31 02:01 PM
    Iam in exact same situation.Can someone share the detailed process to do this.

    Yes. It is called interfiling




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  • veni001
    05-12 04:27 PM
    His position requires Masters Degree

    As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!




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  • cygent
    04-16 04:18 PM
    Hi Sara,

    Could you please post you case details & PD?

    This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that,



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  • Motivated
    06-18 11:34 AM
    donated $50; learned about the organization on June 8, participated in the event - not knowing any of the issues. Was an eye opener to the legislative process. I did not do much, just accompanied the IV members to the meetings - these members were well prepared to present the case as well as to answer questions. I am impressed, and here I am registered and donated.
    Thank you IV for being pro-active. Feels good to be part of the action.




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  • Munna Bhai
    05-08 10:31 AM
    http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/06/wchina06.xml

    Atleast home countries recognize our potential.



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  • simple1
    05-11 06:49 PM
    desi3933,

    Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

    In this case they are eligible for FB2A. So it nullifies that.

    again “respective subsection” is not referring to primary’s subsection.
    same status = parolee, denied etc.
    same order of consideration = PD order.
    respective subsection=the respective/related/corresponding subsection of derivative not the primary.

    This point was already discussed on member's and donor's thread with same subject.
    Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
    Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449

    This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.

    Thanks.


    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).


    ______________________
    Not a legal advice
    US citizen of Indian origin




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  • yetanotherguyinline
    11-09 01:01 PM
    I have decent writing skills and can help.



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  • Canadian_Dream
    04-03 11:00 AM
    1. Yes it is a good idea to have your Passport valid beyond six months of the visa expiry when going for stamping. Thus you should renew your passport.

    2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.

    3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.



    Thanks for the information Roseball and CGS. That really helps.

    I take it that it is possible to get 3 years extension without renewing my passport.

    One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.




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  • ravi2patel
    07-23 11:29 PM
    Thanks guys..i did approach another attorney and he said i should be OK as i have a clean record, that i should not get stuck with the 'semantics' of company mergers which happens all the time.

    Having said that my current attorney is not asking for more money..so i am confused. But with the Aug.17 deadline fast approaching i will at least complete the paper work and wait for further advice from you kind folks. Thanks



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  • calaway42
    10-04 01:18 AM
    roger that :)




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  • GCA
    09-15 01:05 PM
    hahah, interesting, funny but logical... I guess they just did not think through all this and why would they :mad:

    Had they able to think that far, may be many of the issues we face today wouldn't have cropped.



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  • yagw
    03-07 12:44 PM
    With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.

    I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.

    The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.

    Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.

    For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.

    Thank you.

    From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)

    DISCLAIMER: I am not an Attorney and this is not a legal advice




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  • mhtanim
    10-07 01:39 PM
    So, you can keep driving in Maryland with your Ohio license as long as it's valid but you cannot get a Maryland drivers license because of some stupid notes written on the Ohio license?

    This is really frustrating to see how some states target (segregate?) the legal immigrants.



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  • GCNirvana007
    09-10 11:48 PM
    You are either unmarried or Divorced....Absolutely kidding :)

    Unmarried actually :p




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  • sargon
    01-26 12:32 PM
    I am glad that the Admins have deleted it. It really was a stupid question about a specific race...

    u are a rasam drinking gulty, right?
    :eek:

    check your facts again. racism is considered sexy these days ;)



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  • vidyakulkarni
    02-05 06:26 PM
    what is OCI??




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  • vjkypally
    05-29 08:54 AM
    Same here.

    I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)

    And RFE for current residence proof




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  • the_jaguar
    03-25 10:46 PM
    Thanks for the wishes, folks. I wish you all the very best too. Here are some answers:

    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?

    Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
    Yes, I did transfer my H-1B and I was within my initial 6 year period.

    Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.

    Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.


    In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...




    sportsguy131
    07-31 05:07 PM
    Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.

    Maybe I am misunderstanding your question. If so please ignore the above.

    If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.

    Hey thx a lot guys for all your help....
    To (M306M),
    The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
    Hope this helps....




    gcformeornot
    05-21 04:30 PM
    ......



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