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  • boreal
    12-02 01:38 AM
    We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.

    Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?

    I think they are going by the RD. Not on PD. Mine is Aug 10 ND and July 2 RD (with Jan 06 PD) and we got an RFE couple of months back...so i guess now they are processing Sep ND/RD...

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  • sin94
    11-11 06:34 PM
    Today my I140 case was updated online (I still have not received the RFE for the mulitple calls made or letters dispatched to the USCIS)

    Current Status: Document mailed to applicant.
    On November 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    I rechecked all offices address(old and new) no at the locations have received any news

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  • suren
    10-08 10:04 AM
    My wifes H1b also expired and she is dependent on I 485. She has valid EAD. wht is the present status of her. Is she able to apply for H1b or not.

    Please let me know.

    Thanks for your help

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  • dingudi
    03-05 01:57 PM
    Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed

    If you dont mind telling me, which ASC you went to ? can you give the city and state? Also when they put a note on the FP notice , do they return the original FP to you or they keep it. The reason I am asking is I am thinking of doing a walk-in at some other ASC in case the original ASC asks to reschedule instead of doing walk-in after healing. So I will need the original FP appointment if I goto some other ASC. My wife has some travel plans in coming 2-3 weeks and want to get this out of the way.


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  • slowwin
    05-28 07:10 PM
    .......you can work for a private for-profit enterprise too. But you should be able to satisfy the usual test for NIW such as Intrinsic merit, National interest etc(google the criteria).
    If in the field of your work you have created an imapct which is national in scope, you have achieved academic distinction, have papers, citations, patents etc and can produce recommendation letters from your industry stalwarts... then NIW can be justified.

    I am not an attorney.., ;) but I did the justification for my wife's self petition successfully. It worked for her, but may not necessarily hold up for every one. I think individual cases need to be evaluated for suitability and probability of success.


    Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?

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  • sanprabhu
    07-17 05:51 PM
    Guys -

    Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.

    NumbersUSA is reporting this in their website. Please we need to mobilize soon.


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  • SertTurk
    07-18 02:20 PM
    Thanks for the reply.

    I am pretty sure we are in the last state but I will check that and make sure when I get home tonight. We have filled out forms called Packet III and sent them in. I was told that we are waiting for a gereen card number available so we can get a consular processing date. And I tried calling immigration couple time with our case number starting ANK...(for Turkey).I was told by them our case was approved too...

    It has been much more then 6months...so you are saying that she can change employers.Very interesting...The lawyer told us otherwise.

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  • Raj Iyer
    09-22 04:55 PM

    Since you mentioned that your PERM was approved in August 2007, I am not sure why you did not file your I-485 with your I-140.

    Anyway since you have an approved I-140, you can get a 3 year H-1B with a new employer.
    But you need to start the GC process all over again. IF your I-485 was pending, you could have used AC 21 provisions to port over without starting all over again.


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  • scorpioca
    05-17 04:59 PM
    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help

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  • Libra
    11-28 01:59 PM
    bumping....MN members please join the state chapter and contribute in whatever way you can.


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  • logiclife
    01-16 12:43 PM
    There are some apprehensions on immigration portal about legality of lobbying and having an advocacy group to talk on our behalf and work on our behalf. I have posted a reply there and I am posting that same thing here to clear your fears of "backlash" and "Legal issues".


    There is nothing wrong with Lobbying. It is completely legal to seek professional advocacy for a public cause in order to shape public policy.

    It is regulated and legal. Money given to lobbyist are a matter of public record. Hundreds of corporations do this all the time and some of them have their own people do it and some of them hire outside firms who specialize in such activities.

    Lobbying has become a dirty word in the past 4 years and more so because of Abramoff scandal. But it is not going to end and it will continue happening since ITS LEGAL AND REGULATED AND MONITORED.

    See more here http://en.wikipedia.org/wiki/Lobbying to do research in history and dynamics of lobbying.

    Think about lobbying as hiring a lawyer. You can pay a lawyer as much as you want. Its legal. You cannot pay the judge. That is bribery and that is illegal. Similary we are paying orgs to be our advocates or communicator to lawmakers. No-one here is paying any lawmakers. Not a penny.

    Regarding the reactions BECAUSE we hire professional advocates(using advocacy instead of lobbying since its dirty now due to scandals...its the same thing) ....here is the deal. There are 2 choices:

    Choice 1.

    You can be afraid of raising your voice and afraid of anything and everything including the "RADAR" of god-knows-which branch of government(even though its legal), you can be afraid of your own employer(even though its not against company policy in 99% companies to contribute money to orgs that advocate, I have asked my company and they said its ok as long as its not my own profession to lobby and as long as I am not profiting from it personally...which I am not...its contrary...I and other voluteers have contributed personally), you can be afraid of anti-immigration forces that are not going to do anything but...you can be afraid of them. You can live in a country as free as US and be afraid of things that dont even exist.

    Choice 2.

    You can use your backbone and stand up to raise your voice for something you want and something you believe in. Every once in a while you HAVE TO STAND UP FOR WHAT YOU WANT AND SPEAK UP. Justice is not automatic.

    For the sake of argument, let us say that you are on some-one's radar. Who do you thing that is? What are they going to do? If its government branch or agency, they wont do anything because nothing here is illegal. If its a private anti-immigration org then they will know that there are forces just like them in the opposite direction on this issue for immigration. So WHAT? WE know about them and they know about us. They do their job. We do our job. At the end of the day if we make an effect of even 5% on this issue, it could be decisive. And by the way, there are many other orgs that publicly advocate immigration(including illegal immigration) and they have their websites and phone numbers and addresses. They are not afraid of "RADARS" and "ANTI-IMMIGRATION FORCES". WHY SHOULD WE BE AFRAID OF ANYONE.

    Lastly, if you cannot give up your fears and speak up or stand up...atleast dont scare others. I would really appreciate.


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  • logiclife
    03-10 01:44 AM

    I have had 10+ members sign up so far.

    This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at jay@immigrationvoice.org so that I can send you a 5 page pdf document to get your started.

    More members means:

    Bigger organization.
    More funds to pay for lobbying.
    More faxes and emails to congress when the time comes for grassroots advocacy.



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  • sbabunle
    04-13 03:50 PM
    Its a nice vision. But as people getting green card they would
    leave here..Any organization needs money to survive...Who
    will donate it? But I agree that we need an organization
    to represent ourselves.

    Certain things we could address after GC Retrogression is
    undercontrol ( if ever happens)

    1. Address FBI name check issue..
    2. Bring back VISA revalidation inside USA so that we
    dont have to make a trip to US embassy..
    3. Work for getting Social Security money back if we returns to home country.
    ....etc etc........
    As time pass by old issues may be solved, but new issues will

    So I'll support an organization for sure!


    I want to address this to everyone. Any organization needs a clear and precise Vision statement. Majority of the senior member complain that the people with green card and citizenship do not support immigration voice; then the question becomes what is our vision. If we confine ourselves to the benefit that we all should get green card, then what is the need for someone who has already got a green card to visit this web site. Humans are need based animals, whether you like it or not tomorrow if I get my Green Card (A big IF) it is very much likely that my visit to this website will be minimized. My priorities will be different. So core group should get a better vision statement which might address all immigrants.

    The reason I came to immigration voice is slightly different, because I am still not convinced enough to accept that core group could do something which will make our law makers� act different. I support immigration voice on a bigger picture, it unites all immigrants together, and the website provides me support to all my immigration need. For example, I can search the website and find information regarding visa stamping, H1 quota and what my fellow countrymen think about it. So my sincere advice to the core group is to create a vision statement which is much bigger than the green card issue and which will make sure all immigrant no matter with green card or not will visit our website. Make the vision statement visible in the website. You have much better exposure through this. I have to agree, I am writing this out of frustration :D , but to be honest, do not treat this website for green card retrogression alone, treat it as something bigger, which will address all immigrant needs.

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  • geniousatwork
    04-13 03:26 PM
    Congratulations....Hope we have more approvals.


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  • desitechie
    06-29 01:58 AM
    Thank you so much Elaine for your quick response..

    So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..

    Yes. I was told the same by my lawyer.

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  • veni001
    11-05 09:27 AM
    That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
    Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.

    You need to consider two scenarios here...

    First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.

    In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)

    Second: Approved I-140 revoked by USCIS due to Fraud

    In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.

    Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.

    If the PERM labor expires then you can not use that to get 1 year extension
    If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p


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  • RNGC
    02-05 04:47 PM

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  • LC2002
    04-14 11:09 AM

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  • julsun
    01-03 09:15 AM
    Hi All,

    My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.

    But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?

    I have an approved H1b till early 2009 and plan to use same for my travel.

    Any pointers on this one?


    03-20 01:04 AM

    No. You will need new visa stamp.

    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.

    10-29 04:31 PM
    Thanks for your info..and I wish you good luck. By any chance are you aware whether i need to send new fees or old fees? As a precaution I am going to sending the diff amount in a separate check.

    They should be OK with the old fee, however to be safe I would send an extra check to make up the difference for new fee. Explain it in the cover letter and let them decide.