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  • VivekAhuja
    12-12 05:49 PM
    Hi!

    I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.

    I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?

    Thanks for your help!
    Vivek.





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  • sobers
    06-07 06:13 PM
    About a week back (see my first post in this thread), I said if FAIR lobbyist Brian Bilbray wins the special election in Calif. it will galvanize the anti-immigration sources. This really was a bellweather election and the folks in the 50th district made their choice: a restrictionist lobbyist over a liberal non-lobbyist who favored the Senate immig plan. Whatever the dynamics of the race or the constituency, this is what it boils down to.

    http://www.cnn.com/2006/POLITICS/06/07/midterm.california/index.html

    Plus, now Tancredo adds another House member to his immigration "reform" (read Restrictionist) caucus, making the Comprhensive Reform even more difficult to achieve this year.
    http://tancredo.house.gov/press/PRArticle.aspx?NewsID=1200

    Well, sure enough, you saw Dobbs touting Bilbray today. All the Restrictionist media also made a big deal out of this (Fox, Wash Times, etc). Rep Duncan Hunter, another house restrictionist, also hardened his position on a compromise, saying it reflected the position of the House Leadership. Soemtimes I think this is a deliberate attempt on part of the Republican Party to mobilize their core voters- Repub House candidates who show they can oppose their President on Immigration will be rewarded with votes from the republican base. This is how Repubs will use immigration as a wedge issue this year, mobilize their base, and try to retain control of the house when almost every other issue (Iraq war, ethics, deficits) is against them. Bush will probably continue to promote immig compromise till the July 2 election in Mexico, and let it go after a Calderon win. Meanwhile, the conference committtee will be appointed, but there will be no compromise this year as House Repubs use this as a wedge issue to get their voters out.

    What this means for us is that IV should now start looking for an alternative legislative vehicle for Immigration Relief (which they probably are already). I know nothing can be moved until CIR officially dies, but we should do the groundwork on future efforts so no time is wasted when CIR does die in late july. I wish I am proven wrong, but I suspect there is a less than 5% chance of passing an Immigration Bll similar to the Senate version this year. I'm not usually downbeat, but frankly this is what I see happening.





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  • baba84
    04-26 03:28 PM
    what does your lawyer say about the matter?





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  • mbawa2574
    07-17 04:06 PM
    These are government matters and you can only speculate based on information that comes out through unofficial resources. Looks like we have good resources for this information. Please wait for the official announcement.



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  • swamy
    01-02 12:22 PM
    just appeal with excellent documentation - you should be fine. hope your transcripots were validated by some education service here as thats what i've heard is done if one doesnt have an us degree.





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  • ash0210
    06-28 04:15 PM
    You already goofed with Independence day of India..Now you are eyeing on Geeta...!!

    Oh man, I am enjoying...!!!

    Didn't you earn all the dollars in this country? Then where is the pain man? Remember Geeta --- Jo liye Yehin pe liye, Jo diya yahin pe diya (Whatever I got I got here, Whatever I gave, I gave here)....so think that and write checks to Lawyer, Doctor, USCIS. I hope Geeta will reduce your pain.



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  • CantLeaveAmerica
    04-01 11:05 AM
    Here is the answer! Your filing date was July2, 07. If you filed with NSC, in Feb they had moved their processing dates to July 18th. So your case was assigned to officer for review and he called for interview!.

    Then he made a decision: Case approvable pending visa availability!

    Hope that helps!

    Yes, what Vinnysuru said makes sense completely and seems to be the apt explanation for your case. I have a question though if I may ask?
    What did the Immigration officer ask you and what were your answers? Any input from you will be appreciated by all of us if someone here gets an interview call too :)





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  • kirupa
    03-12 04:49 AM
    If your avatar is any indication of your artistic style, I really can't wait :)



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  • greyhair
    04-21 11:45 AM
    I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

    So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

    Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...

    Look at the bright side. Now you can sue US Congress. When is that lawsuit coming up? Please keep us posted.





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  • ita
    11-20 04:50 PM
    My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.

    How do you know AP is approved for multiple entries?

    I thought AP in general is for multiple entries.

    Is there a way to tell from your approval notice it your AP was approved for multiple times?

    Thank you.



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  • purgan
    10-04 01:31 AM
    There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.





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  • jonty_11
    01-15 04:32 PM
    Canada Consulate Buffalo Letter states "please take test withing 120 days of this letter" Does that mean I have to only take the test withing 120 days OR
    take test, get results, mail them the results within 120 days...

    I think its the latter....but what if ELS test center delays results...?
    I think local ELS center is closed today due to MLK holiday...will call tomorow and see if then conduct this test ..



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  • Ramba
    04-13 06:13 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.


    Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.





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  • phillyag
    05-30 04:43 PM
    2. I140 receipt
    3. I485 receipt


    Would photocopies do for the above 2 docs ?



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  • freedom_fighter
    06-24 09:44 PM
    what is ur priority date, EB2/EB3 and how much time for u to reply the RFE?





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  • GCHope2011
    02-05 06:31 AM
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.
    Congrats ivar - you are now a free man!!

    My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.



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  • nixstor
    04-19 11:18 AM
    JP,

    Will you be our Leonardo Dicaprio of The Departed? We already have Matt Damon(s) here on our forum. :) Just kidding





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  • rishikesh75
    11-09 10:47 AM
    Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly


    Dear Sir/Madam,
    In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.

    a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.

    The following entries are in TAB format
    Date of Entry mm/DD/yyyy
    Date of Exit mm/DD/yyyy
    I-94 # NA
    Copy Avail? N
    Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]

    b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.

    c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]

    d. Evidence of relationship: I am attaching the following documents
    1. Copy of my birth certificate
    2. Copy of my marriage certificate

    Thanks & Regards,


    <Your Name>
    Encl:
    1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
    2. Copies of H1 approval & extension approval notice [2 pages]
    3. Copies of I-94’s issued [5 pages]
    4. Copy of I-140 approval [1 pages]
    5. Copy of I-485 filing receipt [1 pages]
    6. Copy of birth certificate [1 page]
    7. Copy of marriage certificate [1 page]


    Hope this helps


    QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]





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  • vallabhu
    01-02 01:53 PM
    I am in my 8th year extension which is ending in April, My attorney think its 100% win case for one main reason

    my labor is filed EB3 Skilled worker

    he mentioned with in EB3 there are 2 categories Skilled and professional

    for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.

    but for eb3 skilled employer has complete discretion of defining edu requirements.

    mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.

    h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled

    his plan of action is to send them evaluations from multiple academies as you guys have mentioned.

    and it looks very fishy from the denial letter

    denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.

    and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.

    I can paste exact content of denial by tomorrow.





    Blog Feeds
    09-29 08:10 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEihXxTTk5heq6Y9HKWlMaYqSLceYZ-i2u2q9ojsHc6hnS18p_N58mwTJ6j1o9IXYoTh6m6PgpxIN8zjfKoqLJdTOhL-7iQ8Ydu8EWc4QGds-KSUMbuUpDYxI1Z8SuwWJeKpX0A2ASw6QmA/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEihXxTTk5heq6Y9HKWlMaYqSLceYZ-i2u2q9ojsHc6hnS18p_N58mwTJ6j1o9IXYoTh6m6PgpxIN8zjfKoqLJdTOhL-7iQ8Ydu8EWc4QGds-KSUMbuUpDYxI1Z8SuwWJeKpX0A2ASw6QmA/s1600-h/RFE+FROM+HELL.JPG)
    Dear Director Mayorkas:

    Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.

    First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!

    Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.

    Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?


    I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.


    You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.


    So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.



    With all sincerity, I wish you the best of luck in your new position.






    https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)





    GCaspirations
    10-02 12:08 PM
    My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?

    You do not have to apply for new SSN but do the following taken from SSA website:

    If your work eligibility has changed or if have become a U.S. citizen, you must apply for a replacement card. Your replacement card will no longer read “Not Valid for Employment,” but you will retain the same Social Security number.

    To get a replacement card:

    Complete an Application For A Social Security Card (Form SS-5); and
    Show us documents proving your:
    Immigration status;
    Work eligibility; and
    Identity.
    Take (or mail) your completed application and documents to your local Social Security office.
    All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies of documents.

    We will mail your number and card as soon as we have all of your information and have verified your documents.
    For details about the type of evidence you must provide, see Social Security Numbers For Noncitizens (Publication No. 05-10096) or Documents You Need for a Social Security Card.