Saturday, June 18, 2011

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  • Ram_C
    11-19 02:05 PM
    I was also asked to appear for FP in my attorney's location. Instead, I went to the nearest ASC with my spouse whose FP was in the correct location ahead of my date. I successfully got my FP done. There is a thread "FP in wrong city" where other people had similar issues.

    From my experience, talking to lawyer, USCIS doesn't care as long as you get it done before the due date. Try the local ASC... its always the guard in front who may create an issue. Once you are in, fill in some forms, the ASC doesn't care where you were scheduled.

    Imp: Try the local ASC before your scheduled date so that you have time for plan B.


    Thanks, I'll try that :)





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  • god_bless_you
    03-16 11:40 AM
    can we stress on getting unused 100,000 unused visa numbers from previous years in mean time as a short term relief!!

    is new bill required for doing this ?





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  • Drifter
    04-01 06:18 PM
    I am in serious trouble, please read and comment if you can help.

    - Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
    - Spouse Application is approved in July 2008
    - Spouse changes employers after approval
    - In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
    - In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
    - In March 08 I get an email from USCIS stating my application is withdrawn.

    I obtained the notice of withdrawal and the notice says
    'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
    Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)

    what can we do.
    Is it possible to reinstate our case?
    Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?





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  • a_yaja
    12-14 01:35 PM
    For how long is USCIS issuing the EAD & AP these days?

    My EAD got approved in 54 days. Online status went straight from Initial Review to Card Production Ordered. I got the CPO email last Friday (12/10/2010) - still waiting for the card. Not sure about AP as I did not apply for an AP this time.



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  • gsc999
    09-19 08:05 PM
    The question, what has the rally achieved? has already been answered but only for people who actually took part in it. No one who was actually there will have this rhetorical question.

    If you still have this question than don't be disingenuous and update your anonymous profile so that we we can contact you and answer your question.





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  • virald
    11-06 04:26 PM
    EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days


    This isn't neccesarily true for AP. I saw the same status, but my lawyer got AP approvals.



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  • nrk
    10-31 04:24 PM
    Thanks for the info,

    how to contact Ombudsman



    Folks, don't beat ur head on this.
    OP - as long as you followed all laws and everything is perfect with you, don't worry.

    Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.

    Do not expect any valuble information from USCIS when your date is not current.

    They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...

    As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"

    As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.

    A proper response will give you peace of mind.





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  • Asian
    09-15 10:33 AM
    For those who already received GC, it is trivial. For us who have not received it yet, it is a life or death matter. So please don't play with it. I hate to meet the green card holder who brags as if it were nothing.



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  • wellwishergc
    04-10 07:24 PM
    Berkeley,

    I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.

    Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..

    Please advise..

    Sincerely,
    Raj
    bkarnik,

    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available

    OR

    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.





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  • eb3retro
    10-24 04:08 PM
    You deserve a gc right away after such a long and painful wait. Dont lose hopes.

    Thanks for the good luck . I really need it !

    I am hoping that it would be something simple as well.

    - I am guessing it might be about employment verification (since its been a long time),

    OR

    - Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?

    OR

    - some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)

    OR

    - Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)

    OR

    - Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !

    OR

    - Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.


    What could be other reasons that you guys can think off?



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  • gauravster
    04-22 11:52 AM
    I wrote on the Whitehouse link. Also added a personal story. I will also mail this to all the congressman and senators of NJ/NY.





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  • factoryman
    06-19 04:25 PM
    At one point, there was concurrent filing. Just get LC approved and file for I-140 and I-485. Even if dates are not current. Then these filings were seperated. Then retrogression kicked in.

    Now these GCs are getting aproved. So, don't worry.

    holy cow!!!!......its gonna take 4 years from here to get our green cards?



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  • sodh
    12-14 05:08 AM
    How about this ,my labor was offered to an employee,who was leaving the company, even when I was working for the company,until I threatened the employer that I will report this matter to the DOL.





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  • Jaime
    05-26 09:36 AM
    Mihird:

    Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.

    Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)

    Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!



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  • PD_Dec2002
    06-29 08:14 AM
    I have been resisting reading this thread until now. Had a gut feeling that something with such an idiotic title cannot have anything meaningful. Anyway, just read this and couldn't help rolling on the floor!

    So basically this crackpot "rajakannan" files in June and tries to con everyone into applying on July 31st, thus ensuring two things (IMHO):

    1. USCIS won't delay sending his EAD and AP due to deluge of I-485 applications.
    2. In case the dates retrogress middle of the month (mid-July) due to large volumes of I-485s from people (from other countries or those who don't visit here), then that reduces additional backlog for his case.

    Good job, "rajakannan", you have only managed to insult your intelligence by starting this thread. Members/Visitors here have noble intentions and hearts of gold not to wish bad things for your I-485.

    Crawl back under your mushroom and don't ever come here again.

    Thanks,
    Jayant





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  • ArunAntonio
    08-31 07:21 PM
    Lets keep pluggin along and try to think of creative ways to encourage people to come to the rally, In my opinion the most emphasis should be place on recruiting the east coast members to show up for the rally, guys please talk to people and educate them of this effort any one with any sort of clarity of thinking will be able to clearly see that they are the direct benificiaries of this, there are so many people who are putting in so many hours of their personal time to make this a sucess the least other can do is take part in it.
    I believe that persistance pays off .. lets keep moving in the right direction.



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  • anilsal
    02-10 10:17 PM
    a FP appointment notice.

    Since I am a July 07 filer like many others, it may indicate that they are dusting the apps to generate FP notices?





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  • mmj
    04-28 08:05 AM
    Yeah - I should have clarified that when I said most - I was refering to people whose PD is before 2006.

    not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scary





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  • priderock
    07-27 04:10 PM
    I am July 2 filer...

    I mailed second set yesterday...

    Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.

    I am smart...;)


    Too bad you forgot to fax one :) Let me know if you want the number to fax :):) Some one said it is safer to fax :)





    Omm
    12-28 03:40 PM
    dingudi, Lazycis
    The real problem is due to cost cutting in fiancial industry they are asking me either to take a full time if I wish to continue or terminate my contact as they do not have budget for next Year, So i dont know if my I 140 can get approved by that time (NExt month), But anyways thanks for a lot for guidance.

    Good luck to all those lookin forward for Green life after GREEEEEN card.
    HAPPY NEW YEAR





    yabadaba
    12-13 03:36 PM
    What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?

    I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it.


    logiclife - on this forum we have heard of members that work for companies who have used ONE approved labor multiple times by invoking AC21 once the beneficiary has completed 6 months. This is equivalent to fraud.

    One job-one labor-one gc



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