usirit
07-24 11:42 AM
It was an audited PERM?
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jgh_res
06-19 08:52 PM
I had 2 RFE's related to photo's only. One for AP(1st time). The next one for EAD.
You got to be extra cautious with digital picture's. First time for EAD, digital got accepted and RFE for AP.
I took digital pictures once in CVS and once in another store.
Nowadays I go to a protraits shop and get a polaroid.
Digital are fine, but there are some quality requirements. Check these sites for more details
http://travel.state.gov/passport/guide/guide_2081.html
http://travel.state.gov/visa/temp/info/info_1287.html
http://www.uscis.gov/files/nativedocuments/M-603.pdf
You got to be extra cautious with digital picture's. First time for EAD, digital got accepted and RFE for AP.
I took digital pictures once in CVS and once in another store.
Nowadays I go to a protraits shop and get a polaroid.
Digital are fine, but there are some quality requirements. Check these sites for more details
http://travel.state.gov/passport/guide/guide_2081.html
http://travel.state.gov/visa/temp/info/info_1287.html
http://www.uscis.gov/files/nativedocuments/M-603.pdf
immigrationvoice1
02-10 03:02 PM
This is a good reason to advocate 3 year EAD/AP validity. Wish the letter campaign brings this much needed administrative fix to reality.
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myimmiv
12-17 02:22 PM
Arrived at IAD POE with 5 days left on AP before expiry. No problems. You will get 1 full year from the date of entry on I-94 irrespective of expiration date on AP.
Did you mean DIA POE ?
Did you mean DIA POE ?
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gcisadawg
04-06 09:58 PM
The same thing happened with me also...........this is just plain BS to put us off for atleast 6 months. USCIS does not even tries to find where the hell the case is and will send you the standard letter.
Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.
Man,if ever I get my citizenship, I'd surely sue USCIS for all this bullshit. Your case is way beyond normal processing time and when you file a SR, they send a std. reply asking you to contact after 30 to 60 days. After sixty days, you file another SR and get the same reply and this goes on and on till someone shows mercy!
Will American's put up with this bullshit? Imagine they going to a DMV and asked to come back over and over again before getting a DL. Imagine waiting for years and years to get a passport. I'm sure they wont and expect reasonable service from the government.
It's our time that we have to put up with all these nonsense.
I know, this is a choice we made to come and work here....At the same time, all we are asking for is a reasonable level of service and USCIS is hell bent on denying it.
Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.
Man,if ever I get my citizenship, I'd surely sue USCIS for all this bullshit. Your case is way beyond normal processing time and when you file a SR, they send a std. reply asking you to contact after 30 to 60 days. After sixty days, you file another SR and get the same reply and this goes on and on till someone shows mercy!
Will American's put up with this bullshit? Imagine they going to a DMV and asked to come back over and over again before getting a DL. Imagine waiting for years and years to get a passport. I'm sure they wont and expect reasonable service from the government.
It's our time that we have to put up with all these nonsense.
I know, this is a choice we made to come and work here....At the same time, all we are asking for is a reasonable level of service and USCIS is hell bent on denying it.
meghanap2000
11-04 02:02 PM
Hello gurus,
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
HI Devan,
I was in same situation as yours. I also got my birth registered just 3 years back and submitted to USCIS along with 3 affidavits from elders who presented at the time of birth. Basically noterized copies on indian stamp paper and submit to USCIS along with your latest birth certificate. No need to provide Non availability certificate. This is what I did. My GC got approved. Consult your attorney ..they will give more information.
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
HI Devan,
I was in same situation as yours. I also got my birth registered just 3 years back and submitted to USCIS along with 3 affidavits from elders who presented at the time of birth. Basically noterized copies on indian stamp paper and submit to USCIS along with your latest birth certificate. No need to provide Non availability certificate. This is what I did. My GC got approved. Consult your attorney ..they will give more information.
more...
inthehole
08-24 01:15 PM
"You need information or other services"
I used this option. I tried in the afternoon around 1.00PM
Hope this helps!
Hi aps1,
Thanks for your response. I selected the option you mentioned and I am able to get the appointment.
The reason for my infopass is its been more than 90 days since I filed for EAD. There is one option specifically for this scenario. When I selected this option I am getting "No appointments available" message for the past one month.
May I know what is the reason for your infopass?. Is your infopass is due to the delay in EAD renewal process?
I used this option. I tried in the afternoon around 1.00PM
Hope this helps!
Hi aps1,
Thanks for your response. I selected the option you mentioned and I am able to get the appointment.
The reason for my infopass is its been more than 90 days since I filed for EAD. There is one option specifically for this scenario. When I selected this option I am getting "No appointments available" message for the past one month.
May I know what is the reason for your infopass?. Is your infopass is due to the delay in EAD renewal process?
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s416504
02-24 03:05 PM
I think best thing to apply your GC as soon as possible. You are running out of time if you need to move to Employer B. For GC, you don't have to join B. If A can apply EB1 then very good but make sure it's big company. My EB1 denied because small orgnisation & then I applied my EB3 thru diff employer.
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jasmin45
06-06 09:35 AM
This is what I got from the below link
http://www.tradingmarkets.com/.site/...0News/2359471/
Chairman of the Asian Pacific American Caucus, Rep. Michael Honda, will hold a press conference on Thursday, June 4, at 12:00 p.m. on Cannon Terrace, or in case of rain Cannon House Office Building Room 441, to present key components of a comprehensive immigration package, in preparation for President Obama's reform agenda. Joining the Congressman will be other Members of Congress and supporting advocacy organizations. Rep Honda will discuss his Reuniting Families Act, to be introduced in Congress this week, and the need to reform America's family-based immigration system to end lengthy separations of loved ones, promote family stability and foster the economic growth that immigrant families have provided throughout our history.
Provisions related to Employment based Greencards:
*Recaptures unused family-based and employment-based visas previously allocated by Congress which remain unused.
* Increases the per country limits of family and employment-based visas from 7% to 10%: Right now, each country only has a 7% share of the total cap of visas that Congress allocates each year. Increasing each country's percentage of visas would eliminate the absurdly long wait times for individuals to immigrant from certain countries like the Philippines, China, and India.
This bill is similar to S 1085 introduced in the Senate with regard to employment-based visa provsions - basically recapture and increase per country limits from 7 to 10%
This report has been removed from that site.. :)
http://www.tradingmarkets.com/.site/...0News/2359471/
Chairman of the Asian Pacific American Caucus, Rep. Michael Honda, will hold a press conference on Thursday, June 4, at 12:00 p.m. on Cannon Terrace, or in case of rain Cannon House Office Building Room 441, to present key components of a comprehensive immigration package, in preparation for President Obama's reform agenda. Joining the Congressman will be other Members of Congress and supporting advocacy organizations. Rep Honda will discuss his Reuniting Families Act, to be introduced in Congress this week, and the need to reform America's family-based immigration system to end lengthy separations of loved ones, promote family stability and foster the economic growth that immigrant families have provided throughout our history.
Provisions related to Employment based Greencards:
*Recaptures unused family-based and employment-based visas previously allocated by Congress which remain unused.
* Increases the per country limits of family and employment-based visas from 7% to 10%: Right now, each country only has a 7% share of the total cap of visas that Congress allocates each year. Increasing each country's percentage of visas would eliminate the absurdly long wait times for individuals to immigrant from certain countries like the Philippines, China, and India.
This bill is similar to S 1085 introduced in the Senate with regard to employment-based visa provsions - basically recapture and increase per country limits from 7 to 10%
This report has been removed from that site.. :)
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Jerrome
10-18 05:56 PM
I have got EAD and AP.I think i would not have got them if the 140 is not filled.
I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.
I wanted to know is there a way out.
I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.
I wanted to know is there a way out.
more...
asdqwe2k
07-04 04:40 PM
Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..
For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..
For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
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stones
06-30 07:25 PM
Why has the second H-1 petition been pending so long? Was there an RFE? What does the USCIS on line system show?
What does RFE means? It shows they sent it to another processing center for processing.
What does RFE means? It shows they sent it to another processing center for processing.
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REEF�
05-24 08:30 PM
Sheesh someone is in a hurry :|!
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gauravsh
05-04 10:36 AM
I assume you haven't filed your I 1485 yet.
Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)
When you are in India, you can apply for an H1B and get a visa stamping while coming back.
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)
When you are in India, you can apply for an H1B and get a visa stamping while coming back.
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
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uma001
11-16 04:51 PM
so, 9 days means urgent....
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permfiling
10-21 12:09 AM
Attorney Prashanthi,
if the AC21 is less then 6 months like for example a person had filed I140 and I1485 but 140 got approved after 3 months and the person had lost his job in the 5th month due to company shutdown and the person moved on to another company using AC21, will there be any issue during naturalization.
Thank you
if the AC21 is less then 6 months like for example a person had filed I140 and I1485 but 140 got approved after 3 months and the person had lost his job in the 5th month due to company shutdown and the person moved on to another company using AC21, will there be any issue during naturalization.
Thank you
more...
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GCBoy786
08-27 06:31 PM
I called USCIS and they told me to wait for 30 days and then give them a call back. If I call them after 30 days about the missing card, they might open a case for it. I am not sure how many days it will take for them to send the replacement card.
Should I go ahead and send them the replacement application for the missing EAD? any suggestions/experiences?
Should I go ahead and send them the replacement application for the missing EAD? any suggestions/experiences?
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anantken
05-27 01:22 PM
If the PO boxes are different then you have to send it seperately.
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Oct007
12-13 09:57 AM
Jawbreaker,
Now we just wait and hope our names dont get stuck in the FBI namecheck and then hope that visa numbers will be available.
(there are a few threads for Namecheck)
If you are on H1B, keep renewing it
If you applied for EAD and plan on using it with another employer make sure your 140 is approved and you have waited for 6 months after the I485 Receipt date before moving to a similar job.
you might get a couple of LUD's on the 485 in the mean time. ( I got one as recent as last week - not sure what it means)
budget money for EAD and AP renewals. Damn those are expensive now with the increased rates
and If nothing happens in 15 months, get ready for one more FP appointment.
check IV and other forums and help others with questions.
Now we just wait and hope our names dont get stuck in the FBI namecheck and then hope that visa numbers will be available.
(there are a few threads for Namecheck)
If you are on H1B, keep renewing it
If you applied for EAD and plan on using it with another employer make sure your 140 is approved and you have waited for 6 months after the I485 Receipt date before moving to a similar job.
you might get a couple of LUD's on the 485 in the mean time. ( I got one as recent as last week - not sure what it means)
budget money for EAD and AP renewals. Damn those are expensive now with the increased rates
and If nothing happens in 15 months, get ready for one more FP appointment.
check IV and other forums and help others with questions.
myan88
03-29 10:29 PM
I need help on my 140 filings. My situation is:
02/2004, applied EB3 LC, pending until 02/2007
10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession
in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.
But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...
I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.
Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?
Thanks
02/2004, applied EB3 LC, pending until 02/2007
10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession
in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.
But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...
I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.
Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?
Thanks
dexter
12-16 01:37 PM
Hi All,
My perm application was denied and the resson for denial is -
"The newspaper used by the employer to advertise the job opportunity per the mandatory recruitment step provisions is not a newspaper of general circulation in the area of intended employment which has a Sunday circulation"
Once we received the denial, the attorney found out that he made a mistake in the perm application and the news paper mentioned in the perm application was not the news paper in which the advertisement was placed. Now they are filing an appeal to reverse the certifying officers decision. Also the news paper mentioned the perm application is a valid news paper for the area of intended employment. The attorney is submitting evidence to the same.
As I am in the 6th year of my H1b, what are my options? I was out of the country for 88 days in the last 5 years and can use it for H1B recapture.
Would it make sense for me to ask my employer to file for a new perm application or should I wait for the appeal's decision.
Thank you your help.
My perm application was denied and the resson for denial is -
"The newspaper used by the employer to advertise the job opportunity per the mandatory recruitment step provisions is not a newspaper of general circulation in the area of intended employment which has a Sunday circulation"
Once we received the denial, the attorney found out that he made a mistake in the perm application and the news paper mentioned in the perm application was not the news paper in which the advertisement was placed. Now they are filing an appeal to reverse the certifying officers decision. Also the news paper mentioned the perm application is a valid news paper for the area of intended employment. The attorney is submitting evidence to the same.
As I am in the 6th year of my H1b, what are my options? I was out of the country for 88 days in the last 5 years and can use it for H1B recapture.
Would it make sense for me to ask my employer to file for a new perm application or should I wait for the appeal's decision.
Thank you your help.
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