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  • jazzy2
    10-22 11:17 AM
    EB2 RIR - india, PD MARCH 2003
    BEC, philly. LC approved April 2007, June 1st filer
    thanks





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  • coopheal
    11-06 06:51 AM
    Bump





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  • sathishav
    03-01 02:07 PM
    If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.

    I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.


    http://www.myvisajobs.com/Document/YatesMay05.pdf

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
    485 that has been pending for 180 days or more, the following procedures should
    be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
    it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If additional evidence is necessary to resolve a material post-filing
    issue such as ability to pay, an RFE can be sent to try to resolve the
    issue. When a response is received, and if the petition is approvable,
    follow the procedures in part A above.





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  • chanduv23
    11-05 01:07 PM
    Tri State Also participates in operation 100, come on Tri State folks lets do it together with Texas



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  • santiwar
    07-24 11:15 PM
    I contributed once in the past for (100 Bucks). I am feeling the pinch lately because of all these I-485 filing expenses ( i know, it does sound like a lame excuse :p ). Rest assured, will be contributing in the future..





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  • josecuervo
    08-11 03:38 PM
    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.

    Congratulations on your GC



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  • bheemi123
    09-12 03:36 PM
    my case was sent to TX office on 6/29 for 7/2 delivery and i checked online the receipt date was 7/31. dont know why. should be 7/2
    but i got FP notice on 9/10 for appt dt = 9/25
    hope this helps.

    online recipt date will show as 7/31 but that is not recipt date..u should be able to 7/2 in the acutal original notice..same thing happened to me..so dont worry





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  • scorpioca
    05-17 04:59 PM
    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help



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  • vaishnavilakshmi
    09-27 02:56 PM
    Hi,

    Take the fp notice addressed to u which u got by mail.Lawyer's copy will have his address on it.Lawyer's copy is only an alternative if u do not recieve ur fp notice.When u have the original,u take urs !Cool!

    Goodluck,
    vaishu





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  • Macaca
    11-17 08:42 PM
    The Other Immigrants (http://online.wsj.com/article/SB10001424052748703683804574533612324601766.html)
    Low quotas, long lines hurt U.S. competition for human capital.
    WSJ Editorial, Nov 18 2009

    The immigration debate has long been preoccupied with illegal aliens. But what about foreign-born professionals seeking green cards who stand in line and play by the rules? A new report by Stuart Anderson of the National Foundation for American Policy says the U.S. is mishandling this important human resource.

    A former official at the Immigration and Naturalization Service, Mr. Anderson focuses on foreign nationals from India, who fill nearly half of the annual quota for H1-B temporary work visas. Indian professionals who want to become permanent U.S. residents face a wait time of at least 12 years and as long as 20. "To put this in perspective," says the report, "children today in kindergarten may graduate from college by the time Indians who file new applications for an employment-based immigrant visa would receive a green card."

    One of Mr. Anderson's findings is that the multiyear waits aren't due to bureaucratic delays so much as to the impractical low annual limits on who can come. Under current law, no more than 140,000 employment-based green cards are issued each year. And since the spouses and children of these workers also count against the cap, the actual quota is much lower.

    Congress hasn't raised the annual cap since 1990. Over the past two decades U.S. GDP has risen by 64%, and the demand for skilled workers, notably in technical fields populated by foreign-born professionals, has risen dramatically. Yet our immigration policies pretend nothing has changed.

    "The problem facing skilled foreign nationals, employers and the U.S. economy is current law does not match the aspirations of these individuals or allow the country to harness their abilities," writes Mr. Anderson. "One result is many outstanding foreign nationals see potentially brighter futures in their home countries, leaving the America vulnerable to losing a pool of talent that has helped spur jobs, growth and innovation inside the United States."

    The costs of losing this human capital are high. Between 1990 and 2007, an astounding 25% of publicly traded companies in the U.S. that were started with venture capital had an immigrant founder. Many foreigners come initially to study or do research at our superior colleges and universities. But the barriers to remaining are forcing them out. A survey of 1,200 international students taken in March shows we can no longer take for granted that skilled immigrants will want to stay and work in America. Some 55% of Chinese, 53% of Europeans and 38% of Indian students worried about being able to obtain permanent residence in the U.S.

    Canada, Australia, the European Union and others have streamlined processes for hiring foreign workers to lure skilled immigrants away from the U.S. Unless Congress addresses these long wait times and low quotas, more immigrants will take the skills they acquire in U.S. universities and use them to help other nations prosper.



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  • jayleno
    01-08 02:40 PM
    One more new option. As a successful business person, why not go for the investor visa EB5?
    By the way what kind of business is it? Sorry...I guess its none of my business...or I should mind my own business instead of giving lame suggestions.

    Hi, this is my situation:

    - I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
    - In the other hand, I have my own business. I have and EAD (work permit) and SSN.

    Questions:
    1. Which of the 3 options do you recommend us to get? Why?
    2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?

    Thanks
    Jime





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  • amsgc
    12-18 08:07 PM
    I have flown KLM to India through Schipol (Sep 07) with an expired visa on my passport old passport and no visa on the new passport. Nobody asked me any questions.

    Thanks a lot for your reply.
    This does help.
    Regards



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  • Singer
    10-21 11:10 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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  • mhathi
    09-12 03:41 PM
    my case was sent to TX office on 6/29 for 7/2 delivery and i checked online the receipt date was 7/31. dont know why. should be 7/2
    but i got FP notice on 9/10 for appt dt = 9/25
    hope this helps.

    are you from MD? I received FP notice for 9/25 as well. just wondering.. maybe we will see each other if you are from Baltimore.



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  • sreedhar
    02-25 01:25 PM
    Thanks for sending the information..and one more thing is there any road test?

    Just ask yourself some questions & read some IMP information before apply for DL in USA.

    1) You said you have International DL.

    Do you know the driving…?
    How confident are you in driving…?

    Apologies for asking this question to you. Because one of my friend’s family had a bad experience with International DL. My friend wife brought International DL and went to DMV in Colorado and the Colorado state people issue the DL without having Road Test. They just took Paper Test. But she doesn’t know how to drive the car. And when she learn driving in Wal-Mart parking lot she met with the accident (Thank god no human effected in that accident. just $2000 for repairs)

    2) Are you willing to spend at least 3 hours driving classes from Driving School…?
    Better to spend some $$$ on Driving school, Even you are perfect in driving in your country.

    3) Are you looking for MVA who do not offer Road Test on International DL…?

    Do not consider the people advices like “Go there…MVA people kind of liberal in some Driving mistakes”. You know…DL is not a Green Card or some immigration benefit that you should get it immediately. You should at least 99.99% perfect in driving particularly in Highway in USA. Otherwise you and other people will be in big jeopardy while you drive the car.

    Hope this gives you a better picture on DL in USA.

    ~Sree





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  • keith_in_us
    04-11 11:10 PM
    In response to a previous question, I am from Hong Kong SAR, and I have never applied for labor cert. I have been on H1B visa my entire time.

    Thanks!
    Keith



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  • pappu
    08-29 09:12 AM
    http://immigrationvoice.org/forum/showpost.php?p=49847&postcount=1

    http://immigrationvoice.org/forum/showpost.php?p=20985&postcount=1





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  • amitjoey
    07-18 01:02 PM
    Please post on the media thread as well, to get attention.





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  • quizzer
    11-15 05:32 PM
    Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.

    But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.


    Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.

    Any comments pls?





    bitzbytz
    07-13 11:07 AM
    deleted





    kumsoft
    08-20 07:51 PM
    i am july 2nd filer with PD Sept 2005.
    I-140 approved in March 2006



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