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  • TigerAmit
    09-23 03:07 PM
    Dear Guru's

    I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

    However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

    It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

    based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

    Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

    I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

    I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

    Is there anyway I can talk to ombudsman office and get personal attention to my case.

    Guru's please help me out with your experience and ideas.





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  • mhssatya
    04-07 07:40 PM
    GGC,
    Did both you and your lawyer receive the letter or it was just you who received it? I have applied for I-485 in 07 and received the following status update in Aug 2010:

    we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our ATLANTA, GA location for processing because they now have jurisdiction over the case.

    But I didn't receive the letter as I was moving. I heard that this usually means I will be called for an interview. Is that right? Neither me nor my lawyer have received any interview letter since then. Would I be called for an interview when my date gets current?

    Appreciate your help.

    Recently received interview letter, scheduled for Sep,3rd.

    1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

    2. Is I-140 approval copy required? Interview letter does not say anything about it.

    3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?





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  • chanlal
    07-31 11:50 AM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.

    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    Pls answer the above 3 questions.





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  • gsiskind
    05-11 09:55 AM
    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.

    With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.

    As for your second question, you should be supplying that documentation with your I-485. If you're filing separately, then note the instruction giving you a choice. One document should not be better than another.

    As for processing times, generally estimate 60 to 90 days on employment cards.

    Regards,

    Greg Siskind

    Gregory Siskind, Attorney at Law
    Siskind Susser - Immigration Lawyers
    Telephone: 800-748-3819 or 901-682-6455
    Fax: 800-684-1267 or 901-339-9604

    Email: gsiskind@visalaw.com
    Web: www.visalaw.com

    Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message.



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  • looivy
    12-22 10:13 PM
    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!





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  • maheshf
    07-31 12:10 PM
    FYI: Last year, my wife (Dependent) got her EAD before mine was approved. Like i said, if u start looking for trends (and something that makes sense) the way USCIS works, u will most likely be disappointed.

    They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.


    You are right...It's random..just received �Card Production� notification for my wife as well..



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  • bsbawa10
    11-04 09:28 AM
    (Punjabi) Holi gairan nal khadee too batheree , sadee vari rang mukiya

    Translation:
    You played Holi with everybody else, but when my turn came , you ran out of color.





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  • amslonewolf
    09-22 03:01 PM
    Can or do attorneys provide the service to obtain an Visa appointment?? How effective is this approach? Anyone tried this route??



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  • tkasi
    07-27 12:04 PM
    Hi,

    My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

    My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.

    Regards
    Kasi





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  • thomachan72
    10-04 02:44 PM
    I contribute just 2-4% as I don't get company match. Regardless if you get a match, I know some friends who prefer to put it in India/mother's fixed deposit accounts for 8-10% interest, or if you have a PF account still open its an option. Property prices there too may shoot up in some areas, giving a good return, while here they may stay stagnant for many years.
    Some banks allow NRIs to trade stocks or mutual funds in India too.
    The only reason for 401K is if you plan to retire here.
    Liquidity is a big problem as you have to quit the company for withdrawal from 401K. Some 401Ks give you loan at 2-3% interest. Its kind of strange because its your own money.

    What sort of PF acount? Is this only for Govt employees? or can an NRI deposit in some sort of public PF fund? I know PF gives almost 10% interest and it is tax free when cashed at retirement, right?



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  • thomachan72
    08-14 03:08 PM
    I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
    Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
    Also kindly let me know how can I proceed if I want to file a DOL complaint? cant you find a new employer? once you do that, immediately transfer your H1 and also meanwhile file a case against this current employer.





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  • WeShallOvercome
    07-23 04:11 PM
    No responses :(

    Can someone tell exactly how an FP notice looks?



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  • Humhongekamyab
    05-15 04:42 PM
    2009------we can see something happening.
    Until then Visa Bulleting is our best hope and source
    Let us pray.

    If you think nothing is going happen then definitely nothing will happen.





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  • priti8888
    01-08 06:02 PM
    PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).

    You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.

    Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.



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  • gc_kaavaali
    12-09 10:53 AM
    Guys,

    Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..





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  • apt29
    10-22 03:31 PM
    Mine was applied on July12th. My attorney is pressing for refile. is it a good idea to refile? Or is it better to wait?
    Thx



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  • pak
    07-12 02:46 PM
    I have seen many times Mr. Frank Pallone raising money from Indian community in NJ.

    http://www.house.gov/pallone/

    Other Caucuses on Which Congressman Pallone Serves
    Caucus on India and Indian Americans, Founder, former Co-chair
    Coalition for Autism Research and Education
    Congressional Arts Caucus
    Congressional Asian Pacific American Caucus
    Congressional Brain Injury Task Force
    Congressional Caucus for Women's Issues





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  • learning01
    05-10 11:48 AM
    immi2006
    That's what we need to do in these forums.

    You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.

    After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.

    Hence, my title: please read and post your opinion, instead of just posting thie links or the story.





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  • srikondoji
    08-14 02:16 PM
    When will i read this as
    "Special Immigration Relief Measures for non Cubans & non mexicans"
    --sri

    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.





    chakalov
    10-10 12:41 PM
    Application received by NSC on July 19. Called USCIS yesterday 10/09/07 - still nothing in the system. I'll call again in a week.





    snathan
    05-29 10:28 PM
    Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status

    try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.

    1. If you are still with university and the H1 is valid, you are not out of status.
    2. If you are out of university and if company A's H1 is valid, you can start work with company A.

    If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status

    If you are out of university and company A's H1 is not valid, you are out of stats.

    Please check with attorney asap.



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