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  • Ann Ruben
    02-24 09:22 AM
    I disagree. We need to know why the extension was denied and then assess the risk of delay, or even denial of the H-4 at a consul. If she leaves the US and there is a problem at the consul, you could be in for a very long separation.





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  • munnu77
    08-04 10:45 AM
    good story





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  • shx
    03-05 05:45 PM
    What I'm going to tell you to do is illegal. So do it at your own risk.

    I don't think USCIS is ever going to find out about your income unless you disclose it.

    Not filing tax returns is illegal no matter how small the income is. 5k is definitely big enough. I think you should go ahead and file tax returns atleast for 2009, so that you won't get into trouble with the IRS.

    This is just my opinion.





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  • meridiani.planum
    07-10 09:23 PM
    Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bc6755fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
    since he can get H1 extension based on PD >356 days I dont think he is eligible (per that doc PP is only being opened up for people whose PD <365 days and approved-I-140 is the only way to get an extension)



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  • number30
    04-16 11:44 AM
    My friend had a similar RFE and he got a month to answer. Luckily he found his I-20 copy.

    Couple of things you can try.

    1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.

    2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.

    Other option is Try to get from University. They will have the copy for the sure.





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  • reachinus
    07-23 03:37 PM
    C. UHRMACHER @ 8,26am on July 2



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  • chehuan
    01-26 08:04 PM
    so the job description said BS + 5 years experience or Master +2 years

    and they rejected him saying he was not BS +5

    none took care of the second part Master +2 years and hence it got rejected





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  • andy garcia
    09-15 10:43 PM
    Do we have any guesstimate for the number of attendies for the rally?

    Around 2500



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  • voldemar
    06-27 11:53 AM
    EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.
    His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.





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  • gc_check
    01-06 10:15 AM
    VISA BULLETIN JAN 2010
    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment Second:
    China: July through October 2005
    India: February through early March 2005

    If Section 202(a)(5)were to apply:
    China and India: October through December 2005

    Employment Third:

    Worldwide: April through August 2005
    China: June through September 2003
    India: January through February 2002
    Mexico: January through June 2004
    Philippines: April through August 2005

    Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.



    The above quote is from Jan 2010 VB (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html). Unless there is any congressional action, no significant movement in cut-off date is expected. The whole prediction game does not push the dates any further :mad: Hope some thing works out or happens through CIR at least this year.



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  • WFGC2006
    02-15 10:53 AM
    has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)

    2/10/2009

    When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.

    Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.

    The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.





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  • ksvreg
    09-01 04:55 PM
    Looks like preadjudication of pending cases working nice and fast as soon as dates are available. Keep it up. (to the system :))



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  • gc_check
    07-02 12:04 PM
    This is ridiculous. Lots of stress for most guys and even bad for members you had their vacation cut short and returned to US for applying AOS. At least I know one friend who had his family return from India. Only thing is we all have the required documents ready to go and the medical is valid for a year, and if and (IF) the date�s moves forward in October, we can still use the same.

    Anyway, we got to deal with this and use this opportunity to educate people on this and may be we need to start a fax campaign and send to congress and the government agencies and emphasize on the necessity to recapture the unused visa from past and find a way to be able to apply for I-485 while the visa numbers are not available, which could be the only option that would alleviate many issues for the members stuck in retrogression. This is not happend with any intervention from Congress, which requires lots of lobbying and money.

    Hope we at IV can do something and get some assit from competeamerica, etc... to do something about this.





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  • jonty_11
    08-10 12:12 PM
    concentrate on IV Rally instead....guys..
    Who has gained any solace from Calling USCIS....
    the tier 1 2, or 3 or Tier N at USCIS know nothing......
    All we know ...there is bound to be delays...ther e will always be a few lucky ones getting receipts and stuff in a months time....but most of us like the GC process itself will be backlogged again....for receipts now....

    I suggest we make IV our horse and ride it to end the problem at its source rather than calling USCIS and hoping for an Update from themmmm

    They would already be pissed at us due to VB July restoration...
    So attack the problem at the source.



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  • diptam
    08-10 12:05 PM
    Our checks didn't get cashed , neither we Got Receipt Notice .

    The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:

    Doesn't it gives the real status - what more we want ??

    Hi,

    Is the weekly service center press release out? Where can I find those press releases? I couldn't find any links on the USCIS site.

    Thanks!

    Lasantha





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  • ps57002
    10-16 05:11 PM
    bumping to see if anyone has updates on similar cases...



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  • EndlessWait
    02-21 04:49 PM
    Hi:

    I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:

    Please submit documentary evidence that you, the petitioning employer, have the financial
    ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
    have this financial capability on the date you fied the ETA with the Department of Labor and
    cover up until the visa is issued. The petitioner may submit evidence that their net income is
    equal to or greater than the proffered wage, evidence that the petitioner's net current assets
    are equal to or greater than the proffered wage, or evidence that the petitioner not only is
    employing the beneficiary but also has paid or is currently paying the proffered wage. The
    service wil also consider copies of audited annual reports of the employer, or copies of
    audited financial statements of the employer. Evidence is needed for 2002-2003.

    Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.


    sorry to burst the bubble..this is v hard. i'd a friend worked for a small company and was denied 140. if you filed for 10-15 ppl company chances are u will face the prob.

    i'd suggest u file a fresh labor. uscis is v strict these days and will scrutinize.
    well its all these body shop companies who have created this mess.





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  • EndlessWait
    06-03 07:31 AM
    Is there any impact on AC-21 guys.... I changed my attorney to Fragomen after using AC-21....

    My labor filed back in 2002 by different attorney and approved in a year.... Now I wonder if there is any impact on my case since I'm using Fragomen as my attorney while AOS is pending....

    as per the article..fragomen didn't file labor or 140 , as it was filed by my employer ...so i hope it should be fine!





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  • ajju
    02-28 01:33 PM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.

    VS

    I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...

    Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...

    Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...

    But you must check with lawyer...





    lostinbeta
    10-24 12:19 PM
    Haha... I got there on the highwind.

    If you land at exactly the right spot.. you can land on the dock, get out and booyah... the scene is all yours.





    Chris Rock
    08-13 02:02 AM
    We are open to all possibilities in getting relief (big or small) for the community.
    You may want to read more about the process of a bill , politics of the immigration issue and how it affects any bill. It is not as simple as one line amendment.
    Please get involved with IV and learn more what we are doing. Try getting appointments with your lawmakers and take part in action items. We currently have an action item going. You will know how the process of amendment and bills work. Opening threads asking IV core is not going to help.Help yourself by actively getting involved.

    BTW Could you update/complete your profile. This data is helpful for IV advocacy efforts and also for IV tracker.

    Thanks Pappu for your reply.

    I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...

    Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.

    Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.

    If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.