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  • BharatPremi
    03-12 04:00 PM
    I am in ROW, EB2 if they processed the interfiling, EB3 if not, with a PD of Dec 2002, and receipt date of 5 May 2007.

    My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.

    Even on EB3 my PD is now current.
    When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.

    So here is my plan...
    On Thursday call again. Raise another service request?
    Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
    On Thursday go see Congressman's office.
    Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.

    When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.

    Any comments please?


    Mark,

    Being ROW, I do not think your case might have been stuck in Name Check. But it could be the possibility. I would take one more infopas and ask IO regarding name check status. If case is still rotting in name check then fighting strategy would be different, I guess. As far as WOm is concerned, all stories what I have gone through on different immigration boards, most advise to wait for 2 years before thinking about WOM route.. I do not know how far that argument is valid..





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  • GC_SUCK
    08-14 10:04 AM
    I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.

    I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments





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  • gc_bulgaria
    10-18 05:30 PM
    From Oh Law
    http://www.immigration-law.com/


    10/18/2007: Community Relations Meeting Q&A Between USCIS and AILA of 09/25/2007 [EB Proceedings Focused]

    * This material answers a lot of important questions which have not been made available. The USCIS has decided to release the Community Relations meeting record for the public. Please click here.

    10/18/2007: Correction of July VB Fiasco I-485 Filings

    * USCIS officially released the information that total I-485 applications which were related to July VB fiasco before August 16, 2007 were 320,000. During the period, the USCIS received 400,000 anxillary applications (EAD and AP), and substantial number of concurrent I-140 petitions. All of these figures added upto 800,000. For the USCIS verification of this information, please Q&A between the USCIS and AILA as part of the Community Relations meeting on September 25, 2007. This has been made available today.





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  • GCVivek
    04-10 01:18 AM
    Almost all visitors from most countries need to appear for visa interview before coming to the US. As for the question about the student niece, there are more formalities. DS-160 is the least of them. School must approve and issue a SEVIS form, you have to show lots of documentation to show you can financially support the student or she has funds. I know because I have my niece here who i have sponsored but she is in community college. I suspect for 8th grade to be even more strict. Check with US consulate for requirements of interview in your home country.



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  • dilipcpa
    08-19 07:19 PM
    My EAD is approved for 2 years last week, Today my attorney sent me I-140 reference answered is due by 1st Nov,

    I will really appreciate your advise. My I-140 is filed for Accounting analyst.

    My PD date is in Dec. 2006

    As per Reference:

    1) Please provide evidence (in the form of official academic transcript) of any additional education the beneficiary has obtained prior to Dec. 2006

    2)The other one is for Company 's ability to pay and for my payroll records after PD to current. (This is not an issue as my firm is financially sound)

    My I-140 is filed under skilled category, with 3 years eqiuvalent Bachelors degree, evaluated by degreepeople.

    I have additional 2 years certification corses in business adminstration not considered by my attorney.

    I will appreciate if some one can provide me better attorney to handle this case.





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  • jsrajavel
    06-20 06:33 PM
    Thanks for clearing this up.
    Did USCIS representative provide you any reason as to why all the I 140 approvals dont have A# ?

    Sorry! I did not ask that question.

    I've seen few of the approved notice which had A number and couple of them were blank which was approved after mid 2006.



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  • sareesh
    03-29 08:13 PM
    Hello All,

    I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following

    1 ) My H1B visa expired on 12/09/2006 from Company A
    2) I have I94 from Company B and I want H1B visa from Company B

    In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".

    I am from India and I going to Canada on Visitors visa.

    Please let me know.

    Thanks,
    SG





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  • vedicman
    08-30 09:08 AM
    My wife got hers from:

    Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)

    The school actually asked to use them.

    Yes, same experience with us. The school had some evaluators and they are the only ones that are considered, so check with the university for the list first.



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  • gc_chahiye
    09-25 01:44 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 is separate from the FP clearance.





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  • mrajatish
    09-15 01:46 PM
    On the other hand, I think something else might happen unless things change quickly.

    Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.

    I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.

    I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.



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  • ash0210
    11-18 11:49 AM
    Guys/Gals...
    We are keeping on discussing, letting out our frustrution in the forum but I feel that "best bet" to come out of this "GC Trap" is to have Premium Processing of I-485 (as I mentioned in my earlier post) by paying extra money to USCIS and/or increase EB visa's to expedite our "stucked" PD's...





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  • fromnaija
    03-02 11:47 AM
    The irony in the current schizophrenic EB immigration policy is that, it is ironically the more talented, qualified and marketable and entrepreneural talent that is more likely to look at US immigration policy and call it a day. It is conversely the mediocre talent that would be inclined to "stick it out" and deal with all the crap.
    Hmm, something surely to ponder for this country.

    Are you personally "sticking it out"? Does that make you a mediocre talent? Something to ponder about your post.



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  • Funky_Monkey
    09-14 05:05 PM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.





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  • waitnwatch
    07-06 11:02 AM
    I would send in a notorized affidavit from the parents stating that the right name is so and so and that the regitered name in birth certificate was in-correct. you can send in some more supporting docusmnrts like , school / collge graduation cdertificates...wonder why u have the wrong name in marrigae certifcate,,,birth certificates I understand, but why is it wrong in marriage certificate?

    Here is what happened - The actual name contains "ee" instead of "i" and is represented in the birth/marriage certificate. On the other hand the university where my wife studied moved to computerized certificates during her college years and change all "ee"'s to "i". So when she applied for her passport she put "i" in the application as the graduation certificate is the most important document for ECNR and that contained an "i". She may have put in a sworn statement stating that *ee*** and *i*** are one and the same person and got it attested by witnesses but I don't remember clearly because that was 14 years ago.

    Any help please.............



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  • shruthii_1210@yahoo.com
    09-30 12:07 PM
    Hi,
    I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).

    Now i have the following questions.

    1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?

    2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?

    3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?

    4) I cannot get the LC copy also from my employer if at all i want ti use ac21?

    Advance Thanks for your replies ...

    Thanks
    karthik





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  • supu
    12-05 08:14 AM
    Vishwak,

    Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.

    Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...

    If u dont file CA21 , just make sure , u dont leave and re-enter usa.
    U may expect trouble at the airport.



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  • samcam
    05-19 12:48 PM
    Welcome to our newest member eb3India...





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  • njboy
    11-28 10:00 AM
    hope your name is in english and not in hindi.





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  • vin13
    03-09 05:18 PM
    Hi,
    Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.

    Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.

    Please help!!

    As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.

    Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.





    delhirocks
    06-21 06:09 PM
    I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D

    nice..





    swamy
    12-18 10:47 PM
    Hi All,

    Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).

    Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?

    THANKS IN ADVANCE!

    - Amit


    My visa:
    - I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.

    - With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?

    My Wife's visa:
    - she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
    Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?

    I would say just have all the receipt notices handy. They are not required and they didn't ask me for it when I got my visa restamped but you could carry a copy on the day of interview just to play it safe.



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