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  • EB3_SEP04
    01-29 03:43 PM
    USCIS might be processing the applications in the order of recipt date
    (need not adjudicate the application which is based on priority date)

    So, i think USCIS can process applications without priority date being current.

    I think this is correct. They can have the app reviewed and mark it approvable if it has all the necessary documents, then when the PD is current (meaning visa number available) they will pull it off the shelf, allocate visa number to it and send out the approval notice.
    That's my guess, I have not seen their SOP (std operating procedure).

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  • txh1b
    08-17 09:47 AM
    When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.

    That is totally wrong on whoever said that to you. One can have B1 and work visas on their passport without any problems and use it based on the nature of the trip. Only conflicting visas will likely be cancelled. Eg would be L1 and H1 at the same time for different employers. The VO could cancel the one that isn't being used.

    Either the VO that took your case wasn't well versed with the law or made a mistake.

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  • mariner5555
    05-17 09:32 PM
    Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.

    IV'ans - Please refrain from any suggestions towards this
    though I can understand the advice ..I don't understand the reasoning ..an immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
    Rique ..as far as I can think ..it is a very personal decision ..so it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.

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  • The7zen
    03-24 05:54 PM
    H1 transfer will bring you back on status...

    do you mean to say goto any employer whoever gets job?
    i doubt you have any other better options.....


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  • snathan
    06-04 10:37 AM
    thank you very much for your help. It makes me feel much better now.just the employer has told me that the business is low these days, will their incom and cotracts will review again? it is a very small size company.
    Thanks again

    Yes...if they can not prove their viable business and ability to pay....you would have hard time to get the extension.

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  • srikondoji
    07-27 03:26 PM
    What you said is true.
    Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
    Gurus, any body know how USCIS will process 485 applications?


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  • eborbust
    07-01 09:19 AM
    To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.

    I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.

    Search Results - THOMAS (Library of Congress)

    Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)


    (a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.

    (b) Adjustment of Status-

    (1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:


    `(a) Adjustment of Status-

    `(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:

    `(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.


    `(i) IN GENERAL- The alien shall establish that the alien--

    `(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;

    `(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and

    `(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.

    Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.

    We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...

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  • knnmbd
    03-29 10:51 AM
    There is obviously a missing link here. Sending random faxes to senators with personal requests will only compound the problem and testify to the fact that we are a bunch of scatter brains with no real goal.

    You guys need to understand why the Advance Degree + 3 years H1B is included as an exemption. If there is some confusion please read my previous posts and look at the direction where the immigration reform is headed wit the F4 visa being such a hot issue and why it was passes by the SJC. Guys we do not want another S.1932 to happen, so please stop sending mindless requests that will benefit a certain group of people. The idea of this immigration vote is not just to benefit the illegal immigrants or the EB3 retrogression but also to address what the U.S needs from future immigrants. You need to take a step back to realize that the biggest winner here needs to be the UNITED STATES and not us or the illegal immigrants, and that�s when this bill will become a law. Hopefully there are more people this forum apart from Ramba that understood the ramifications of this vote.


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  • go_guy123
    07-14 12:49 PM
    I was looking at the discription but couldn't figure it out. Which category does parents fall into? Does anyone know hot long it takes for parents to receive GC under ROW?

    Only US citizens can apply for parenst . There is no quota for it and so no backlog. July the processing delay which si not much.

    Actually instead sibling (F4) it is faster for
    USC to parent getting GC followed by GC parents to unmarried children or GC parent to USC and then to other married children.

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  • meridiani.planum
    07-13 12:32 PM
    Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.

    During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
    In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.

    Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
    a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
    b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)

    I am afraid to choose option 2 as they might send my application for some sort of reconciliation.


    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.


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  • frost_oni
    04-08 02:16 PM
    yes, interesting concept. teh characters are ok, but you gotta work a bit more on the txt...

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  • sertasheep
    07-05 05:39 PM
    ask them to quote the section of the law which makes it not legal for L1 visa holders not to participate in 401K. I am very curious to know.


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  • glus
    02-27 09:21 AM

    That was exactly what I was looking for.

    What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.


    That is a different story. I you have been terminated, and the termination was beyond your control, get a letter of termination, keep it in a safe place for the time you get naturalized, and move forward.

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  • haveaquestion
    03-06 01:28 AM
    Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.


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  • Rajeev
    10-29 05:16 PM
    To all the folks that attended the conference at YMCA Center in Woodbridge, NJ on Oct 28th,

    Thanks for participating . Please provide your feedback on the meeting i.e What you liked and what you didn't like. This will help us for the future meetings.

    Also please become more active and urge you friends and colleagues to become more active in NJ state chapter.

    Any suggestion on promoting our cause will be greatly appreciated:
    Some of the areas to think about are:
    a) How often we should hold such conferences?
    b) What other topics we should include. ( For example Financial planning for the community, given the uncertainity in the process)?
    c) In what way we together can help increase our number?
    d) etc...etc...

    The meeting was very well organized. Q&A session with Attorney Prashanti Reddy was very useful. Here are my suggestions:
    a) We can have these conferences every two months or whenever core thinks so.
    b) I think we should stick to immigration.
    c) Earlier 'Invite a friend/Add a member' campaigns were very successful as compared to flyer/poster campaign.

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  • kartikiran
    08-17 05:24 PM
    Recently(July 12th 2009) travelled from Hyd to JFK via Dubai on AP. No problems with the airlines. Had to clear the secondary inspection at JFK airport ala Shahrukh Khan...;)

    Note, was using my AP for the 2nd time within an year travelling from India.

    I just came back this afternoon (1:30 PM EST) via Dubai...Atlanta..from Chennai.. Just showed AP document and passport.. no questions asked...

    Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.

    sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.

    Hope this helps!


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  • katrina
    01-24 12:25 PM
    just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.

    I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.

    FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?

    Please help and Big thanks

    On contrary if you chose CP you have to maintain your status until your greencard get approved. Try to read this link it give a detail that if you choose CP it suggest to keep your H1b in case your greencard not get approved you still be able to get back to united states.


    Since your HR believe your lawyer more than you, what you can do is do your homework by research on the internet find the written proof that stated you can extend your H1b visa after your submitted your I-140 more than a year (pending labour certificate more than a year ) and after your I-140 get approved you can extend it up to 3 year.

    go to uscis web ( http://www.uscis.gov) or yates memo regarding H1b Extension ( http://www.murthy.com/news/UDh121st.html)
    find the statement that can back your case.

    Then get a second opinion from a prominent lawyer, paid the fee for 1 hour consulation and ask your HR to talk to the lawyer directly then contest your current laywer back after all information gathered and asked him/her why she still said that you can't extend your H1b if you submit your I-i140 now.

    Hope this help :) good luck

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  • sertasheep
    09-15 01:57 PM
    Dear IV members,

    I am responsible for collating questions from members and sending them to our immigration attorney. Please follow the process outlined in the following thread:


    - At this time, we do NOT have enough questions to justify a conference call
    - On the average, we require at least 20-25 "non-frivolous" questions to be able to justify our attorney's precious time (Please refer to the USCIS definition of the verbage "non-frivolous")
    - We have had internal discussions on whether the frequency of the calls needs to be changed from bi-weekly(fortnightly) to monthly at this time.

    Next Steps:
    - Please keep sending in your questions to legal_advise@immigrationvoice.org
    - Also see the thread http://immigrationvoice.org/forum/search.php?searchid=24014 wherein, periodic reminders have been posted requesting members to send in questions. Please keep them coming in so that we can have the next conf. call

    FAQs: I hope the following provides some transparency into the process:

    Q. What happens when a question is sent in?
    A. First level filtered non-frivolous questions are responded to with a unique Question ID that helps track the question through its lifecycle until closure. The questions are then compiled and sent to the attorney, who accepts/rejects questions based on relevance. Based on the critical mass, the next conference call date is determined. Setting up a conference call requires mobilization of several resources- dial in number, availability of a moderator, etc. After the call, the recording needs to be made available, and several volunteers work towards making the transcript available in a MS Word/Adobe PDF form. Considering our other work and social commitments, this process takes around 2 weeks at this time.

    Q. How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
    A. Sure, but we need more questions coming in. We need a critical mass of non-frivolous questions to be sent in. We have, in the past, requested members to send in questions via the "legal_advise@immigrationvoice.org" route instead of posting them on the forums.

    Q. Who are the people doing all this work?
    A. Coremember "logiclife" has been doing the co-ordination in the past but has been indisposed due to health and work reasons for the next several weeks. I ("sertasheep") have taken over the co-ordination of the question-compilation etc., overseen by waldenpond, stucklabor, vineet among several other IV volunteers during logiclife's hiatus.
    - (I don't want to reveal other names here without knowledge of their IV handles, will do so shortly after I get their IV handles and/or permission)
    - Vineet and/or waldenpond have been helping with the last couple of conf. call moderations due to availability and calendar conflicts.



    (I've been down with shingles for the past few days, but that shouldn't stop me from collating the questions- so, keep 'em coming, and await announcement of the next conf. call!!)

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  • javadeveloper
    05-26 04:57 PM
    What is the logic to deny 485(EB3) if 140(EB2) gets denied?

    07-27 02:32 PM
    Bumping up

    11-05 01:08 PM
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