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  • saileshdude
    08-26 03:20 PM
    My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.

    Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.

    Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.

    Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.





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  • h1bjava
    03-20 02:08 PM
    Hi Coolpal,

    Did they ask you for the client letter also in your case? In my case the end client(TARP Funded) wont give any letter to contractors. Hope things will be better for you soon.

    Thanks.





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  • ksnewyork
    07-17 06:35 PM
    not as long as I see it on USCIS website..
    Thisis Murthy website...


    It is on the uscis website under August bulletin.

    "D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn. "





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  • a_yaja
    07-27 10:17 AM
    Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?



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  • beppenyc
    02-04 04:39 PM
    Do you think that the post poned to march for the senate debate is due to preparation to handle the 11 milion immigrants?

    Another question, i feel some anymosity (sorry for my english) for the Illegals immigrants, i am not one of them, i am legal and beleive i don`t have any problem for a visa, but as immigrant i see a lot of them struggling and working like animals for few dollars, and sometime they become illegals due to the confusion about the law. Do you know how much cost a lawier ? I really think that exist only immigration, no difference for me.





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  • MatsP
    January 27th, 2006, 05:17 AM
    I think this should be split out to another thread.

    If we start out by strictly looking at NEW equipment, and base body+lens price of less than $1000:
    - Canon
    EOS Rebel XT: $880
    - Konica Minolta
    Maxxum 5D: $700
    - Nikon
    D50: $650
    - Olympus
    E-volt 300: $650
    E-volt 500: $720
    E-1: $940
    - Pentax
    *ist DL: $750

    Prices from B&H Photo - www.bhphotovideo.com - there may well be better offers available, but the local camera shop probably wants a few dollars more... Which may or may not be worth it, depending on whether you value the fact that you can go to the local store for help and advice or prefer e-mail and phone help if something goes wrong...

    All of these have their own pro's and con's. If you want a good selection of lenses and other "extras", the Canon will be first, Nikon second, Konica Minolta in third, a fair bit behind, and everything else sharing a pretty far behind fourth place. This, of course, may not be an issue - if all you want is two or three (or one) generic lens and a basic flash you'll be fine with any choice.

    The pixel count is 8MP for Canon and Olympus, whilst the others have 6MP. Again, this may or may not be important for you.

    As to "which is best", it's VERY MUCH a personal preference - and a case of which features are important to you as a photographer.

    I didn't list the ones that are a little more than $1000 - you get quite a few more to choose from if you go to $1200 or so - and with faster action and bigger buffer (for those action sequences).

    As Puncher mentioned, used digital cameras are an option - you can get one that is a year or two old, which has much higher spec than the new ones for the same money.

    Without some further discussion on what's important to you, it's not an easy choice.

    --
    Mats



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  • Rajeev
    02-26 04:47 PM
    H4 visa holder can pursue their studies in US but they cannot work while studying.

    he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.

    so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.

    My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.





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  • dreamworld
    08-09 02:18 PM
    BS + 5 Years Experience == EB2

    Could we use the 5 years experience from other country? Or should It be from USA?

    Guys post a reply



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  • rajmehrotra
    07-05 11:45 AM
    What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.

    All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.

    Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.

    The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.

    If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.





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  • amitga
    01-25 11:17 AM
    Govt of India will do nothing to stop harrassment of NRIs at Indian Airport (customs) and we are thinking that they will do something here.



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  • vvrmurthy
    11-21 05:08 PM
    Hello tdasara,

    I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
    I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
    So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).

    All the best!





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  • AGC4ME
    01-12 07:05 PM
    Can the period for which PD was not current be taken into account while counting the wait period?
    Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?

    Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.



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  • sam_hoosier
    02-06 04:22 PM
    I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country..He is working for company B...

    You can continue using your old H1B visa (from company A), with an I-797 from company B as long as the H1B visa is valid. Same applies for H4 visa.

    But both H1 & H4 visa holders would need new approvals (I-797s).





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  • garybanz
    09-27 06:49 AM
    Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?

    Thanks.



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  • waitingmygc
    10-09 05:12 PM
    CheckRaise,

    Had you got audit for your Perm?

    If not, then it should be approved by now. Currently, DOL is proccesing December 2008 non audit cases.





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  • vin13
    10-09 05:06 PM
    The only good part is that they are not jerking the dates back and forth. Hopefully this is a sign that dates are not going to retrogress any further.

    If they apply quarterly spill over, we should see some movement in December. Lets wait and see......



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  • bheemi
    04-03 09:56 AM
    HI Admin,
    I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..

    thanks





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  • ramnadhan
    12-12 09:20 PM
    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


    thanks
    ram





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  • jonty_11
    09-17 12:41 PM
    It is one of the greatest rallying the tropos efforts I have seen. Lets march together shoulder to shoulder and demand equality and justice. It has been long overdue....
    Please do whatever you can to attend teh rally if you are in the vicinity....!!





    me_myself
    12-19 05:03 PM
    div_bell_2003, thanks for the quick reply. Do you know any resource that i can refer to regarding the revocation of H1 - how long can i be without payroll, how long can i be outside the country etc.

    Thanks.





    fcres
    07-26 01:00 PM
    I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.

    You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.



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