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  • wandmaker
    02-24 12:22 AM
    Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?

    Please share your views.

    The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.





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  • desi3933
    02-06 08:12 AM
    Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.
    ......

    There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.

    The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.

    http://www.state.gov/documents/organization/87120.pdf

    [From the PDF file]
    b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:
    .......
    ........

    (5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....

    [pdf]
    *******************************************



    _________________________
    US citizen of Indian origin
    Not a legal advice.





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  • inskrish
    07-18 01:22 AM
    Today is a great day in IV history!

    We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.

    My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?

    Anyone with experience please help.

    Thanks in advance!

    As long as you can submit your wife's pregnency certificate, you are OK. Besides, since your case will take at least 5 years to get the approval, you don't need to bother about RFEs.:-)


    Regards,
    IK





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  • vamsi_poondla
    03-22 09:47 PM
    Thank you for your replies. I will try and see.



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  • va_dude
    03-25 02:32 PM
    so what's the problem here.

    Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.





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  • Radhika
    07-01 08:22 PM
    Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.

    Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

    Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.



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  • talash
    10-16 09:09 PM
    http://www.uscis.gov/files/form/I-290Binstr.pdf
    Read where to file .It clearly says 30 to 33 dys





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  • mhkumar
    07-22 10:03 AM
    If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
    The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
    In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.

    Hope this helps.

    Thanks for your advice.
    Form g-639 has 3 request types
    1)Freedom of Information Act (FOIA)
    2)Privacy Act (PA)
    3)Amendment of Record (PA only)
    Which option I should choose (I guess (1) but want to confirm)?

    Also do I need to answer question 6 and send a copy of my identity along with g-639?



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  • dask
    12-09 03:42 PM
    Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.


    Sent u a private mail





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  • rameshk
    03-03 04:32 PM
    Who is the laywer? can share his contact information with us please?

    Thanks,

    Hi,

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.



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  • ImmiLosers
    03-11 08:26 PM
    I-94 is proof of your valid presence in US. You should not be having it if you are not in US. You will get one once you come back. Do not leave Airport without getting one;)





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  • va_labor2002
    09-25 03:12 PM
    I see no harm in contacting him; but your excitement about Chandrasekharan seems curious to me. When people who have themselves immigrated from India (who now have GC/citizenship) are so indifferent about us, how can you expect a second generation indian journalist to "understand" our problems ? He does not seem to have done any articles on immigration; so there is no objective way for us to say whether he is really sympathetic to us or not.

    Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.

    I totally agree with you. But there is no harm in trying with him.He may be or may not be sympathetic to us.We don't know that ! He sees to be a smart journalist. If he is nice and sympathetic to legal immigrants,you may see a front page article about legal immigrants in Washington Post. Hope for the Best !



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  • puskeygadha
    06-02 09:20 PM
    audit is only on pending applications..i dont think it is on certified..

    also they may process fugmon cases fase..hope they dont denied any..

    what is supervised recruitment





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  • ajay_hyd
    06-21 11:45 AM
    My case was approved yesterday. EB3/NSC - India - PD June 02 - RD April 04.

    thanks and good luck to all who are waiting. i will send an additional check to immigrationvoice soon.



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  • belmontboy
    10-02 09:13 PM
    Today is oct2nd. Dont forget gandhi. be a man and have righteousness in heart.

    the devil won't understand all these :)





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  • gsk_73
    03-17 02:39 PM
    Thanks for your response. Yes, I am in biological research. I Hope it does not take longer than 2-3 weeks. Also I see posts for Blue, green, yellow slips and everyone seems to be stuck for long. However there are hardly any cases for Pink slip, WHY?? is it that hardly anyone gets a pink slip or they seems to have less problems so no one bothers to post it here?



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  • lskreddy
    11-18 07:20 PM
    Do not mean to hijack the thread but the question hopefully is related.

    When I submitted my 485 application, my wife and I requested just the EADs. We have the receipt notice as well as the EAD in our hands. Our FP is done as well.

    We are now submitting our AP applications. If anyone has submitted late like myself in the recent past, I would appreciate this information.

    1.) Could anyone let me know the appropriate documents for this?
    2.) Also, what are the fees associated with it, especially with all the old vs new stuff?

    Thanks much.





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  • gautamagg
    07-01 11:32 PM
    yadadaba, i have posted my email in many places. If you want to get info, please email me directly in the future. I will share what I know - IV folks ridiculed me when I said my info from the Ombudsman's office was true. They simply don't want people who have a slightly variant info to raise a voice. I have not personally heard from the O's office on this as I sent my application out on Friday for a Monday delivery without any knowledge of such possibility. If it happens it will really stink...to those who call Ombudsman the barking dog - think before you say - he may have just saved us from loosing 40K visas. Possibly the dates were made current only to clear pre-adjudicated cases. And if thats true, guess what? A window will open again in October. Thats better than where we were without the O's report that may have not impacted anything and the 40K cases ahead of us would still be pending. Its in our greater interest that they get approved and we move up the ladder versus we trying to cry wolf. My 2 cents...


    Something to ponder: "Gandhi's peace marches did not get Independence to India alone. They were radical movements of many people behind it equally responsible if not more. IVs movement is the peaceful one - important but not enough and definitely not filled with exclusivity"





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  • bandhu
    02-04 04:22 PM
    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.





    Hermione
    09-25 01:45 PM
    hermione,

    How to know if name check has been done. Is there a number to call to confirm NC clearance?.

    We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know

    Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.





    sanprabhu
    05-15 12:05 PM
    What we need to do is to send a distinctive post cards to all the members of the congress by all of us that means each of us sending a post card each with our address and phone numbers.

    The post card should contain
    - IV logo and what we are
    - What we want from Congress in very simple term
    - What we will happen with the reforms

    So if we can get the portion of the money collected to create these postcards pre-printed with congressional office address addressed to each member and then IV members should send a request to the send the package to them by sending a money say $25.

    Once the member recieves the package then prints the name and address and just attaches a stamp and sends it by mail to congressional office in DC on designated week.

    I believe we get a bang for the buck if these postcards arrive enmass at one time and create more awareness to our plight and hopefully create a media sensation (similar to flower campaign).

    In each of the case of our victory came by some mass mailings either flowers or letters.



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