Tuesday, June 7, 2011

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  • matreen
    01-22 03:00 AM
    I am also in similar boat....please advice guys....

    what happend once you invoke your AC21 and travell on AP ......

    What would be the best answers at POE if they ask I am working for the GC sponsered Employer?

    M




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  • desi485
    02-01 12:19 PM
    Finally after nine years in US my Green Card is approved.

    On this very day in 2001 i was in flight to USA

    1) Came to US on Feb 1st 2001
    2) Changed employer in 2002 and GC applied in 2003 in EB3
    3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
    4) Application with the DOL sent to the BEC
    5) DOL approved the petition in Jan 2007
    6) Applied I140 in April 2007
    7) Applied I485 in July 2007
    8) FP completed and EAD received in September 2007
    9) I140 RFE Aug 2008
    10) I140 denied in March 2009 - Reason is Too may petitions from the employer
    11) Appeal sent in April 2009
    12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
    13) New I140 filed in Sep 2009
    14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
    15) Appeal withdrawn in October 2009
    16) New I140 approved in Nov 2009
    17) FP notices received in November for I485
    18) FP done in December 2009
    19) Infopass appointment in Jan 2010. Background check is completed
    20) Received CPO emails for both the cases on Jan 21st 2010
    21) Welcome notice mailed on Jan 22nd 2010
    22) Welcome Notice and Cards received on Jan 30th.
    22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

    For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

    I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

    Thanks

    Congratulations! Don't forget to check this Wiki (http://immigrationvoice.org/wiki/index.php/US_Life_After_GC) for things to do now....

    Wish you good luck, and very happy for you. I wish all others good luck too.:)




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  • pcs
    11-15 12:28 PM
    You should try for emergency appointment & should be able to get it based on approved 797.

    By the way, my Canadian PR is maturing & I am asked to pay landing fee & do the medical by 1st Jan 2007. Can I pay the landing fee in time but delay the medical without compromising Canadian PR ? I want postpone my landing. Can you please share your advise ??

    Thanks




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  • bidhanc
    06-08 03:32 PM
    Hi,

    My I-140 was filed in Jan 06 and was cleared by March 06. Not sure if it depends as to where it's being sent to.
    I think mine went to Nebraska.



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  • dehradoon
    07-17 05:59 PM
    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?


    You will need to have your spouse back for biometrics, if not then reschedule it early as no show = abondonment of application




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  • ocpmachine
    06-17 12:26 PM
    Thanks yganreddy for your input. It might help.

    In my case, the X Ray shows nothing - so I am all clear on that.

    My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.

    I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).


    EB3June03,

    Its upto the doctor's discretion to accept an old TB skin test(PPD), my doctor did not consider the old test results, she recommended taking a new PPD test as the test is a snapshot test which indicates the state as of the time of the test and you might be infected with TB since the last test.

    Also, there is a new test as mentioned earlier called Quantiferone-Gold test (QFT-G) which provides better test of TB. However, this test is NOT certified by USCIS.

    Just for clearing the doubt, you can take QFT_G test, if QFT-G result is +ve then you need to undergo treatment, if x-ray is clean and QFT result �ve you are clear of TB. My QFT-G came back as �ve and clean X-ray, however my 693 form was marked �Class B Latent� due to PPD result > 10mm, I am not taking treatment due to �ve QFT but keeping all the paperwork to respond in case of future RFE.

    Disclaimer: I am not a Doctor/Lawyer.



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  • cvk90
    12-08 01:40 AM
    Not sure where this is going...Respond with caution folks...posting seems fishy !!




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  • bfadlia
    03-22 09:51 AM
    may be two weeks later than the website indicated, but i got the approval.



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  • raju123
    07-08 05:06 PM
    I don't know the thinking of some people. immigration-law has nicely covered flower campaign. What is the reason to criticize?

    We have very fewwwwwww friends for our cause. Mathew Oh is one of them. Do you guys want to loose few friends???? Are we going to win any battle without others support???

    Please delete your negative comments and I request not to do any negative comments for like minded organization or person.




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  • Munna Bhai
    11-16 02:02 PM
    what is the difference between visa bulletin and processing dates, how they are related.

    Thanks,



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  • bsbawa10
    09-29 08:41 PM
    Extremely well put together. Can we send it to USCIS director so that it can make some impact ??




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  • bbenhill
    07-09 04:14 PM
    Hi, some questions regarding ur case :
    - Did u include the bank statement (in US and Indonesia) ? What is your city ? (sby, jkt or bali) ?
    - After u got asylum, did u ever go back to Indonesia ?
    - Did u give them ur bank account statement copy in US ?

    Thx


    My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.

    I would really appreciate your advice. Thank you so much!



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  • freedom_fighter
    06-24 09:44 PM
    what is ur priority date, EB2/EB3 and how much time for u to reply the RFE?




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  • sanjuatl
    09-04 10:40 AM
    I think the Medical's are valid for 18 Months and not one year.I checked this out when i took infopass.Correct me if i am wrong .


    As I remember, the validity is one year.



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  • dontcareanymore
    11-12 05:54 PM
    Go for it! She can volunteer (obviously, she cannot get paid for the work she will do). I think it is a great idea to volunteer to establish connections and gain work experience to get ready for a real job.

    My wife did the same thing when she was on H-4 and HR had no issues with that.

    Cheers!

    If you see the regulations, you can't work for free on H4 if that work is generally done for money.

    As some one stated, if you can't work on some thing that appears to have replaced an eligible worker.

    Say for example you can't run a friends consulting company and say I am not being paid. Or teach in a for profit organization. You can however do some community work.

    Some people might have gotten away by doing so , but I don't think that makes it legal or right.




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  • DDash
    04-05 12:07 PM
    Someone pls respond if you think you can help answer my questions. Pretty please.



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  • theperm
    05-07 01:06 PM
    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP




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  • lonedesi
    06-26 03:30 PM
    Does IV have a summarized copy of the new proposed bill and the amendments?If you do, can you please post it for our understanding of the pros/cons of this bill




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  • ck_b2001
    07-20 09:07 PM
    Yes, it's definitely a issue. Talk to your lawyer immediately.

    Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.

    No big deal....you should worry if you have signature missing, check not included, wrong fee, no medical exam etc. Others are trivial things and could only delay processing by few week or at most an RFE. you are not the only one who is making mistakes. There would be thousand who have made some mistake, some without knowing about it.




    maristella61
    02-27 09:28 AM
    If you have filed for I-485 and you have your receipt # (starting with LIN) and you have a copy of the encashed check or the proof of the financial transaction (could be you, your employer or lawyer) and the online status says I-485 Adjustment of Status pending, then you have nothing to worry about. If you had moved or changed your address it may have been misplaced. But you have nothing to worry about if the checks are cashed and you have the Receipt #.

    You mention receipt number starting with LIN ,I have a receipt number starting with SRC . Anyone know the difference ,if there is one ?
    thanks




    pappu
    06-15 09:19 AM
    In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.

    We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.

    The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.

    Other issues we have noticed are
    - USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
    - 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current

    and other similar issues.

    In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.

    As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.

    In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time

    Difficulties faced by applicants who get wrongful 485 denials:
    - When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
    - Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
    - Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
    - Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
    - Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
    - If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
    - Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
    The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
    That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
    Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
    The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
    We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
    We request our members who have faced such issues or are facing such issues to
    - post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
    and
    - Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)

    Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously

    At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.

    By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
    We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
    With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
    Thank you,
    Immigration Voice

    Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817

    If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.



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