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  • pappu
    08-09 10:34 AM
    Questions for everyone to research and post the answers------


    -- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

    -- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

    -- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.





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  • pappu
    04-10 01:21 PM
    /\/\/
    if you have not sought appointments yet, get it now as a followup to your phone calls.





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  • msyedy
    05-22 03:16 PM
    u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.

    i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system


    Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.





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  • rolrblade
    07-19 10:23 AM
    Dude: Ask your attroney if you can do this. But in any case she needs to get an emergency appointment. As someone rightly poitned out, slight delay in flight......... years of waiting.



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  • hydboy77
    02-12 10:05 AM
    DOS and USCIS are making sure no visas are being wasted in any category whether it is FB or EB category. In this situation we cannot expect any FB visa wastage and spillover of those FB wasted visa in EB category anymore. Without the FB spillover there will not be any forward movement in EB2 during the august-september visa bulletin. Mpadapa analysis seems to be correct and is also backed by facts and numbers. With only 140k visas for EB and without any FB spillover we might actually see dates moving back and staying stagnant for EB2 india. Remember Eb2 india has never managed to move beyond April 1 2004 without the FB spillover in the last quarter.This is a terrible shock to everybody in EB2 India, I have been saying this all along that EB2 will be stagnant or move backward (because of eb3 line cutters).

    My document uses similar method as used in 2007 USCIS Ombudsman report.
    Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
    Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )

    The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.

    The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.

    It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.





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  • gjoe
    11-09 02:09 PM
    Maybe USCIS thinks that our cases mayn't become approvable within the next 15 months. This is just my theory, because I see lot of people have got FP but with early PD's



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  • hopefullegalimmigrant
    07-25 03:29 PM
    What not in hand may be (or always be) in head. What in head certainly may not be in hand
    :o

    So Cheers ....open up your mind and think of things that you can do that are achievable goals from your perspective





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  • ramus
    11-02 07:28 AM
    that's what happened with us as well.. Waiting for 80 days now on AP and already changed the tickets twice..



    ramus, i dont think local office will issue AP unless its an emergency. I am saying this bcoz i was in the local office today and they made it clear unless its absolute emergency AP will be issued only by NSC. In case of emergecy you need to show a valid proof that someone in your family is seriously sick.



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  • shalini_s_b
    04-01 03:54 PM
    hi, i have sent #10 web fax.





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  • pappu
    07-08 05:15 PM
    Based on what Zoe Lofgren said in the video interview it is clear that no piece meal changes will be entertained. Courtesy of the media (read: Lou Dobbs) and the hispanic representation in the Congress/Senate any legal immigration effort is held at gun-point. In my opinion all changes will be rolled up into CIR, which may pass as late as 2010. Be it Obama or McCain, they have bigger issues to address before worrrying about immigration and that to legal immigration. Both have to live up to poll promises and immigration reform features only as a lip-service when both speak on the campaign trail. Bringing the troops home, addressing issues with economy, and solving the energy needs will be prioririty number one for the new President.

    I spent considerable time reading the last CIR proposal and it was clearly in favor of illegal immigrants. Restrictions on hiring legal immigrants and choking their talent featured at the top of the "to do" list for legal immigrants like us. I dont see much change in the next CIR. Few changes here or there but the word "Comprehensive" in CIR is reserved for illegals.

    Who is to blame? In my opinion, US. Not U.S but us (we the people). On one hand you observe legal hispanic immigrants and business fighting for the cause of their community and on the other we conveniently forget our community as soon as we adopt this alien land. I live in the Bay Area and boy have I seen the marathi mandals, kannada sanghas, TANA, AATA, BATA and God knows how may orgranizations that represent our fractured presence in this country. We have shamelessly displayed our differences based on cultural backgrounds/needs. Sardar Patel's dream of "Ek akhand bharat" (one united India) seems to reverberate only when India plays Pakistan in a game of cricket. I wonder if people such as Vinod Khosla, Vinod Dham, Arun Netravali, Indra Nooyi understand or are are atleast cognizant of the issues their community is facing. For a wild second, imagine the above four making a few phone calls. I bet the impact will be huge.

    Congratulating ourselves for small achievements and patting each other the back for things such as two year EAD extension, etc is great but the celebrations have to stop and we need to focus on CIR. Immigrationvoice is a great organization and I will not take away anything from it. That said, collecting a few hundred thousand, making phone calls, and sending flowers is going to do jack-shit. We need representation on the corridors of power. That's where the battle is.

    Finally anybody who calls the D.C rally a success needs to go easy on the weed. I was there and I can tell you, it was pathetic. Compare that to the L.A rally by the hispanic community. We can give a million explanations on why the D.C rally was under-represented. The bottomline my friends is that the L.A illegal rally got more coverage on CNN and the media, which clearly translated into a biased CIR.

    Lastly, please dont take a few lines from what I've written and display your rebuttal skills. Frankly, I give a rats ass on what you have to say.

    I do agree with your thoughts to some extent.
    1) Unless we get lot more folks involved, it will be a tough task. A small number for a DC rally or a few hundreds doing phone campaign will not achieve much.
    2) Indian community (including GC holders, Citizens and highly placed individuals) would need to be involved if this has to become a visible voice.

    The best way to achieve these objectives is by taking it upon ourselves and reach out to these people. Unless enough awareness is generated, our campiagns will not generate enough heat to power the bills forward.



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  • dineshksharma
    07-14 03:50 PM
    According to my spouse, there were three treatments at the embassy:

    Passports retained for approvable/approved cases
    Passports returned for rejected cases
    Passports retained (no options provided to applicants) for audit cases


    In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?

    Or were you asked to wait with your passport till they cleared up your case at their end?

    We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.

    Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.

    Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.

    The officer only said "you will hear from us when we get the clearance."
    Said nothing about keeping the passport.





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  • gcnirvana
    07-06 03:51 PM
    Please send a PM to Pappu/Logiclife and ask the same. Core may not have time to read every single thread/post. PM or calling them is the best way to get their concurrence. HTH!

    It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.



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  • mirage
    02-04 03:16 PM
    You can join our group and throw this idea, if 15 other in the group agree to it, it will fly...Atleast guys come forward to do something, what we should do we'll decide...Instead of asking for removing, perhaps asking for making it in ratio of country sizes might be more palatable. Note that Nepal has same numeric quota as China. I don't know how you can influence or initiate such changes, though.





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  • ash0210
    12-04 08:19 PM
    [QUOTE=alterego]That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. [QUOTE]



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  • gc4arun
    08-06 06:23 PM
    From my infopass appt. this morning, I learned that my NC is clear, and I should wait until Aug 26th for a status update.

    Keeping my fingers crossed!

    My appointment lasted about 5-10 minutes.





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  • apahilaj
    11-23 08:41 AM
    I dont know what to do. I opened an SR on Oct 8,2007. My ND is Sept 10. And so far no FP appointment yet. My app is at TSC.

    Apahilaj/anyone with similar dates , did you guys get the FP yet.

    Nothing yet...I was out of town for a week and just got back home last night...writing to ombudsman did not help either. Will just wait!



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  • nrk
    10-27 11:20 AM
    Hi Saileshdude,

    Here are my responses

    I see various possibilities. Best bet would be to take Infopass soon and find out.

    1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.
    Ans: No idea o this.

    2) Do you have any case against you (ciminal or civil) in your home country?
    Ans: Never been to a police station here or any where (I mean to say no cases at all)

    3) Did you have any unlawful status of more than 6 months during your presence in US.
    Ans: Never
    4) Do you have any case pending here?
    Ans: No
    5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?
    Ans: No.

    Apart from this i have seen 3 cases in .com today all the cases were files a service request in TSC either on 10/14/2009 or 10/15/2009 resulted the same status.



    nrk,

    I see various possibilities. Best bet would be to take Infopass soon and find out.

    1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.

    2) Do you have any case against you (ciminal or civil) in your home country?

    3) Did you have any unlawful status of more than 6 months during your presence in US.

    4) Do you have any case pending here?

    5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?

    These are just few things that may cause this.

    Do update us what you find out after Infopass.





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  • makemygc
    07-06 03:35 PM
    The thread is just fine. Hopefully, it'll attract a few more contributors to the flower campaign. We need a few more for the magic three digits!

    I agree. I saw this thing first time.





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  • adibhatla
    02-20 12:57 PM
    Anil,

    Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.

    adibhatla,

    Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
    -------------------------------------------------------------------------------------------
    Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):

    On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.

    8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.

    The decision leaves you without lawful immigration status���.
    --------------------------------------------------------------------------------------------

    After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
    Notice Type: receipt Notice.
    Amount received $585.00

    It states that
    This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...

    The notice number you are referring is same as I mentioned or different?

    I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..





    Employer: A

    December 13, 2002: Labor date:
    October 26, 2004 I-485: Filed
    April 28, 2005 I-140 Approved (EAC1)
    May /2005 I765 Approved
    September 16, 2005 Used AC21- and moved to new employer.
    April /2006 I765 Approved
    Aug 26 2006 Went to India for 1 month vacation using AP
    Sep 20 2006 Returned to US
    April /2007 I765 Approved
    May 13 2007 Went to India for 1 month vacation using AP
    Jun 02 2007 Returned to US
    February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
    was transferred and is now pending at Texas

    February 22/2008 I765 Card production ordered.
    NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

    March 03/2008 I140 Notice Returned as Undeliverable

    March 05/2008 I485 Denial Notice Sent


    August 28, 2008: the post office returned the notice we last sent you on
    this case I485 APPLICATION TO
    REGISTER PERMANENT RESIDENCE OR TO ADJUST
    STATUS as undeliverable
    Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.

    Nov 26 2008 MTR received and pending

    What will be my fate? How long should I wait??





    gsc999
    10-12 10:15 AM
    May I ask what was your contribution to make a difference?
    Did you expect president Bush to come out in the rally and distribute green cards to all present? If you did, come back to reality...
    ---
    On a similar note, I kept reminding people at the DC rally to take it easy and walk slowly because the greencard office had closed early that day and they wouldn't get their GCs at the rally finish line, what was the hurry about? :)

    Or is there a need to change the IV strategy and leadership?
    What is the cause, people?
    Viva: We had a conference call for the Nor. Cal. chapter yesterday, there are some leadership positions available, I take this opportunity to offer you a position of your choosing. Join the Nor. Cal. yahoo group and talk to us. Talking "at" us won't solve this issue. We value your feedback but you don't have any right to discredit the hard work and sincere effort of more than thirty people who flew from California and thousands of IVer who attended the rally. If you are really serious about this matter than join us. I promise, together we can achieve success.





    sanbaj
    07-28 03:38 PM
    :rolleyes:

    SANBAJ, congrates finally your suffering in GCJourney came to an end!!!

    I have only 1 CG application and no question to interfile (read jealous:)), but after reading this thread, one my co-worker also from india asked this.

    She is waiting for GC for more than 5 years, has 2 different I-140s. But should she go for interfilling? Let me ask this question to fellow sufferers.

    Our company lawyer never answers question in details, and is not responding on this. She will have to send directly to USCIS in case...

    First I-140 - Company A - EB3 - PD July 2003 - approved June 2007 - nothing further, she has the copy of I-140 approval notice though.
    Second I-140 - Company B - EB2 - PD Jan 2006 - approved April 2007 - currently filed in july 07

    Even after so much begging, the lawyer refused to entertain her and did not asked for PD transfer.

    Her husband is working using EAD since last year, is not in H4 status anymore. This is why she is extremely cautious and not taking any chance with her pending I-485. (afraid to interfile all these days.)

    What can she do now? I know her EB2 is current as if August 2008, so that is another factor to consider.

    Thoughts?
    THANKS !!!


    When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.

    Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.

    As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.

    Hope this helps.



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