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  • unseenguy
    06-16 11:07 PM
    ^^^^^^^^^

    what about 221(g)?





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  • rkgc
    05-30 12:01 AM
    Done, thx





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  • Image: World Map showing



  • rustamehind
    07-19 10:08 AM
    My spouse is landing here on Aug 15. That leaves only one day to get medicals done. Any suggestions on how to handle this ? Can she skip skin test and take X-rays directly ?

    For skin PPD test , you have to go back to Doctor after 24-72 hours to show the reaction.If nothing comes up its good , but incase you are positive then you will have to go for XRay , so obviously you need to plan for more than 1 day.





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  • nozerd
    01-04 10:30 AM
    The kids from the second marriage can definitely come. He can call the first wife get her the green card, then divorce her and go and marry the second wife and bring her here.



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  • tcsonly
    01-04 10:57 AM
    I think all 3 of them (Husband & 2 wives) should apply for their own H1B's and make it here and then apply for separate GC's.





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  • sheela
    10-06 09:23 AM
    Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.

    My daughter's AOS: filed at NSC tranferred to CSC (RN say so) again transferred to TSC (online status: transferred to area Jurisdiction) so are the delays



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  • bitu72
    07-07 06:28 PM
    i just watched it..very brief but very clear..did not talk much about FBI name check and other issue





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  • gc_check
    11-14 10:11 AM
    AP is sent to the lawyer if you filed the G328

    Not always true, I've filed G-28 in my case, but received the AP at my residence address. Have friends/colleagues who had received AP at the attorney address. So it is kinda random. No logic behind this.

    It is important we get the document.



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  • bkarnik
    04-10 08:29 PM
    Bee:

    Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.

    Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.

    I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.





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  • kaisersose
    06-05 12:18 PM
    According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.

    Now it appears, they would require an approved 140.



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  • World map showing countries



  • radosav
    04-02 03:38 AM
    also just now sent fax # 11





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  • aviko21
    10-03 10:17 PM
    my case is quite funny.
    Applications went to texas service center originally.
    From there they were transferred to California where they issued my EAD and AP but transferred the application back to TEXAS.

    Oddly enough the only thing that i initially got in the mail was a transfer notice and the ead cards. I didn't get the receipt notice, the AP or a FP notice?????/

    Any Idea whether anyone got ead without FP?



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  • santa123
    12-01 07:39 PM
    Thanks Santa for your reply.

    I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.

    Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.

    In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.

    Please advice if I need to do something different this time.

    Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.

    Here is the link:
    http://www.murthy.com/news/n_combdg.html

    Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?

    I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.

    Good luck!





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  • World Map (January 20,2002)



  • cal97
    12-03 06:00 PM
    In mycase I went to the local USCIS office and the IO there sent an e-mail as well but no news on my FP yet. Try your luck.

    gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.



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  • World Web Map



  • karanp25
    08-05 01:11 PM
    Is this supposed to be cribbing, just for the heck of it? In what way can getting a 2 yr EAD be bad news?

    For EB ROW, if they issue 1 yr EAD...does tht mean their 485s are not approved for at least 1 yr?

    Received 2 year EAD card in email. Card is valid from jul 30th 2008 to jul 29th 2010. My PD is current.(May 06). Dont know if this is good news or bad news.

    AR





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  • pooja_34
    12-20 01:01 PM
    Good to hear that NY consulate is responsive. Houston and SF never answer the phone !!!

    I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.



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  • axp817
    04-09 02:57 PM
    Receipting is not done by VO and the staff who do receipting follow certain procedures.

    USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.

    Files are distributed to different officers and they work on the files.

    Without a receipt number you cannot track your MTR.

    Talk to a very good Attorney on further course of action.

    I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.

    When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"

    Remember MTR = if USCIS makes a mistake - MTR costs $$
    Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.


    Does this mean that an MTR filed without the filing fee is automatically considered an appeal?





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  • perm2gc
    12-29 07:28 PM
    Hello all...

    being on H4 for the past 4yrs scenario...?

    what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
    will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?

    converting to H1 in such a situation, will this be risky and asking for trouble..?
    They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.





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  • santa123
    12-01 09:52 PM
    Santa,

    Thanks for your response.
    Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

    H1Girl,

    Thanks for your response.

    Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.

    Sounds awesome!!! Do you know of any cases in the past where USCIS has considered experience in lieu of 1 year's education? If so, then you have a good chance to get through. Hope they approve yours sooner! Good luck





    morpheus
    04-10 04:11 PM
    The majority of the USCIS system is based on regulation, not law. The same goes for DOL. Many lawyers have argued that the entire LC/PERM system was created by administrative fiat i.e. it goes way beyond what is laid out in the law.

    Having said that, it doesn't appear the the DoJ or DHS will make any changes in their byzantine regulations unless forced by Congress. Consider AC21 which is a law that was made effective >5 years ago but has still not been codified into USCIS regulations!





    ItIsNotFunny
    06-18 01:49 PM
    This is really required. I am with you. I myself was stuck last year and had to postponed my ticket for 8 days. My wife is scared to go to India even if my father in law is not well due to this issue as managing kids will be way more difficult without her if she is stuck.



    If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.

    Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.

    Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.

    But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.

    The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants

    Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS

    There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….

    So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.

    If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.

    Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.

    We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.

    Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.



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