Sunday, June 12, 2011

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  • actaccord
    01-26 11:46 AM
    Pls start the effort to team up and meet the lawmakers.

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  • a_yaja
    10-08 04:20 PM
    I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.

    Right now who is my employer Company A or B or none of the above?.

    Your question is not clear. Your employer is whoever you are employed with right now. If you are not employed with either company A or company B, then neither is your employer.

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  • Sakthisagar
    04-22 03:45 PM
    Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.

    Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.

    May GOD Bless all.

    USCIS Policy Memo site link below see for yourself.

    USCIS - Policy Memoranda ( D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)

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  • dealsnet
    08-19 12:53 PM
    I did reply same questions from many people before.
    Give me green.

    See the link

    About ADIT:
    ADIT=Alien Documentation Identification & Telecommunication Systems.
    Could mean biometrics not up to date or just stamp in passport.
    Either way they will tell you what they want.

    ADIT (I-551) stamping

    Applicant appears at local USCIS for ADIT processing, as outlined in AOS approval letter. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.

    Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.


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  • arc
    06-17 04:44 PM
    Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

    Just my 1 cent :D

    I am not an attorney. Please take advice from an attorney. :cool:

    You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has you still file AR11 and you are covered under AC21?

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  • lazycis
    12-05 12:42 PM
    Here is a good article on the subject with references to the US law and caselaw:

    "The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."


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  • morchu
    05-04 02:02 PM
    Please be aware that logic and emotions doesnt matter much for this.
    Get the exact rules on the basis of which they denied your case, and prove why they were wrong. An attorney will be helpful if you are not good in interpreting the laws.

    My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.

    I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.

    USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.

    Please, if anyone has any experience with filing a motion let us know about it.

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  • eeezzz
    06-12 01:32 PM
    Thanks for the link. That clarifies that the new package fee of $1010 encompasses the EAD/AP renewal for the life of 485. If one had used the old fee structure then the new fee for I 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305.

    I would think that if you pay $645 (EAD and AP) for the renewal that would also be good for the life of the 485, though the link doesn't explicitly state that. Does anyone have any more info on that?

    Can someone confirm that if you file I-485 with old fee system and pay for the new fee when you renew EAD and AP, do you still need to pay again on your 2nd time renewal ?


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  • Refugee_New
    03-24 02:30 PM
    Now everything is queued..... no more cutting lines.

    Thanks for the news vinabath. You know what?

    Indian cricket team won the world cup last night. They beat West Indies.

    Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.

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  • morchu
    05-12 05:47 PM
    Thanks for clarifying this.
    OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.


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  • pitha
    05-29 10:50 PM
    ramus, really appreciate your dedication in taking ownership of geeting people to send webfax. For the record sent the webfax, got my wife to send the web fax as well. Since people are so lazy if you ask somebody to send webfax, also include the url alteast that way they might click on the url and send the web fax. the url for the web fax is

    People for your own sake please follow all action alerts, web fax, calling senators emails etc. This is now or never

    HI.. Could you please send web-fax.. We want to reach 3000 number tonight..

    If core team is doing so much, can we do this for ourself and show them our support.
    Thank you so much.

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  • abhisam
    07-09 12:22 PM
    If you don't get your EAD renewal card you should stop working. Because it is illegal.

    I understand that and have no problem in taking a gap for few days. So all I need to do is ask my employer not to pay me for the period? Will that be enough for uscis and IRA?


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  • jonty_11
    07-11 06:21 PM
    Congresswoman Zoe Lofgren (D-CA), chair of the House Immigration Subcommittee, sent Secretary Chertoff a list of questions and a request for documents from USCIS to get to the bottom of the whole Visa Bulletin fiasco. The letter is very interesting not just because it puts a heck of a lot of pressure on DHS right now, but also because Lofgren's folks imply from the questions that USCIS was short circuiting established security clearance procedures to "pre-request" visa numbers from DOS. If it turns out full security clearances were not carried out, USCIS will either need to say that they had the legal justification (which would be a public relations disaster for the agency) or that they intended to complete the checks after the fact (which would be a direct violation of their own regulations). The only way to avoid answering the questions and to make this go away would be to eat crow and start working the case July cases.

    Download letter_to_chertoff_re_visa_bulletin_issues_july_9_ 2007.pdf
    What I dont understnad is that if they skipped security clearances on AOS applications to use up does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,

    They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..

    Does that make sense.?

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  • MSCapBust
    07-25 09:54 PM
    Thanks you all for replying.

    I have 2 clarifications:

    1. Am I allowed to begin work only on 1st Oct 2006?
    If I'm exempt from the cap, does that mean I can begin work anytime or am I subject to the yearly schedules dates like everyone else? I keep hearing both versions. Please do clarify.

    2. I did NOT get my H1-B stamped on my passport (back in 2002).
    Since I was quitting and going back to school, I didn�t bother to get it done and got a new F-1 instead. I do however; have my H1-B approval document. Does this affect anything with regards to the cap? In other words, am I exempt only if I get a H1-B stamping?

    I do apologize for asking quite so many times, but I really do want to make sure before I let the cap be reached.
    Thanks very much once again.
    Slightly more relieved.


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  • seekerofpeace
    09-10 11:42 PM
    You are either unmarried or Divorced....Absolutely kidding :)

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  • FinalGC
    05-01 11:05 AM

    You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....

    You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.

    Anyway I do not want to discourage you......Keep up the enthusiam dude!!!

    What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...


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

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  • sixburgh
    06-28 04:09 PM
    Why did they allow me (my lawyer) to renew H1 status then?
    Lawyer just received the h1 approval, you know?
    And I too received my wife's H4.

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  • gpr
    07-30 07:11 PM
    My EAD application is still pending while it got approved for my spouse within a month.

    03-06 02:21 PM
    I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved

    You mean all these years you were stuck in name check or something ? Are you EB3 India ? 6th EAD is too many EADs to believe....wish you get your GC soon.

    09-15 02:58 PM
    This is bizarre stuff.

    It says that NSC I-140 processing date for EB2 is March 13, 2008. Since when did they become so efficient to jump from July 6th, 2007 to March 2008? I guess they mistakenly typed 2008 instead of 2007?

    Those lazy bums had better get ready for an onslaught of Service Requests. :)

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