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  • bidhanc
    04-19 02:47 PM
    Hi,

    I just got back from Mumbai.
    My Indian passport was issued here in the States.
    My last place of work in India was Delhi (that was in 2000,where I got my initial visa done).
    But I am a resident of Bhubaneswar.

    I opted for Mumbai as it was going to be my port of entry.
    Did not get any such warning or mail.
    So not much trouble as far as the stamping was concerned.

    Don't understand why they would try and compel you to move to your own district. This must be a recent thing.

    Important question is, if they refuse to stamp at your first choice, how do you get the 2nd appointment at your own district? And will it be worth the trouble.
    Sorry, don't know abt that.

    Bidhan





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  • abqguy
    09-24 10:28 AM
    My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

    Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.
    Pappu, I can't agree with you more....

    VERY WELL SAID!





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  • div_bell_2003
    01-12 02:32 PM
    If your I-485 was filed in that mad rush on July 2007, you *have* to pay renewal fees for EAD/AP every single time. Remember, USCIS had extended July 07 filings acceptance date till August 17,2007 due to their own screw up. Here on or before 30th July 2007 means 17th August, 2007. FYI, my I-485 was filed on 17th August, 2007.

    But if you have filed your I-485 after that and the filing fee for that was around $1000 ($1010 I believe ), then you get free renewal of EAD/AP. When I e-filed the EAD for my wife, it made the fee calculation for me, so it's hard to go wrong there.


    Gurus,

    Here is what I found on USCIS website for renewal I765
    *****
    If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
    *****

    I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which
    is expired and want to renew it.

    Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?

    Does any one has any idea?





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  • GCBy3000
    07-26 05:35 PM
    Can IV send email todya to all TEXAS members if it supports this move since tomorrow is the last day for registration.



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  • 485Mbe4001
    03-20 02:56 PM
    instructions from Oh's site

    03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire

    AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
    Those Who Are Subject to the New Law:
    Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
    New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.

    Those Who Are Not Subject to the New Law:
    H-1B petition to extend the H-1B status (EOS) of a current employee with
    the same employer (TARP funded).
    H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
    It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.





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  • reddymjm
    01-07 09:09 AM
    I just entered US on my AP. Old one (stamped one) was valid till May 08 09 and I had a renewed AP. The IO asked for both old and new AP. I had only the new one. He said I am supposed to carry both. Then he issued me a stamp valid till dec 30 09 and said am supposed to carry the stamped AP paper along with the stamp all the time. Then I aksed about the expiry validity. He said I have to have a new AP after the AP expiry date on AP not on the passport.

    But I heard the otherway at the canada border.



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  • moolchand_2002
    03-24 04:11 PM
    Hello

    My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
    -------------------

    DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
    Upon consideration, it is ordered that your I-485 be denied for the following reasons:
    On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)

    On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
    Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
    Section 245(i) of INA further states, in Pertinent part that:
    (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
    (A)WHO-----
    (i) entered the United States without inspection: or
    (ii) is within one if the classed enumerated in subsection (c) of this section:
    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
    (i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
    (ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
    (C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
    may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....

    8 C.F.R Section 245.10(n) states in pertinent part that:
    (n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
    (1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.

    Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
    As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
    In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
    (1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
    (2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
    (3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
    (4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.

    Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
    Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.

    USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
    ------------------

    Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.

    I am really very depressed and tensed please help.

    Thanks





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  • desi3933
    04-07 06:57 PM
    ......
    Finally secured the job with 3 offers from 3 top companies
    ......

    Congrats!

    _______________________
    US citizen of Indian origin



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  • number30
    03-30 02:02 PM
    I am not 100% sure about this issue but� I do see couple of emails from attorneys regarding denying port of entry in NJ airport. If you come across of any cases please share.

    Do you know which attorneys sent this E-mail? Can you please post those E-mails after removing personal details?





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  • Nikith77
    12-17 11:13 AM
    Dude wakeup, this is a old story. please read all the post before you create a new one.



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  • shana04
    02-05 08:32 PM
    My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.

    Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).

    Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??

    Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.

    Thanks.


    Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.

    If you plan to change employer and what if he revokes your I 140. so better to renew.

    And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.

    Good luck





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  • bbenhill
    10-06 08:29 PM
    ^^^^



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  • CaveMan232
    10-22 12:28 AM
    The future appears bleak and depressing considering the recent FOIA numbers which put EB3 GC wait times at approximately 8-10 years. Is there no hope at all? :(





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  • rajuseattle
    08-12 06:13 PM
    Skarthy,

    No worries I also e-filed on july 02dn 2008. received paper receipts on july 11th 2008.

    after waiting for almost a month or more finally received my FP appointment schedule on august 08th 2008 and on the same day received CRIS e-mail for RFE. FP notification was sent by MSC (National benefits Centre).

    I guess their is some miscommunication between MSC and NSC...looks like the adjudicators started processsing the apps, but couldnt find the finger prints in their system.

    Once I receive the RFE in hand i would know what information USCIS is requesting and from which service centre issued RFE.

    I went for e-file just to make sure that USCIS doesnt loose the forms in their huge backlog of applications, but apparently Paper file ead renewals are working much faster than e-filed EAD. Its USCIS everything is possible in their processing logic.

    Bottomline guys go for Paper based EAD renewals rather than this crap e-file, where the application are routed to different Service centres and nobody knows whats going on with their applications for months.



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  • pcs
    03-26 09:38 AM
    IV guys have don e great job & the strato is good. My suggestion for fund genenration.... Send one mass mail every month & ask for a small amount of cheque. Let us see how many of us send a small cheques of say $20. We should collect $20K in one shot.





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  • geevikram
    11-21 09:29 AM
    IV is trying. What did you do?



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  • vin13
    01-09 06:49 PM
    We had a very good conversation with IO. He was sympathetic by mentioning that Green Cards can be a long and expensive proceess
    :)





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  • swarnapuri
    01-22 06:16 PM
    Thank you all!





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  • pappu
    10-19 02:22 PM
    Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

    My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

    Best,

    Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
    Some new updates are also posted for donor members only.





    gcwait2007
    10-21 11:50 AM
    Our paralegal had advised as follows-

    ONLINE CASE STATUS SYSTEM DELAYS


    USCIS is experiencing delays of several weeks in entering new information to the online case status system on their public website. Even though a receipt may have been issued in a case, the online system may not accurately reflect the current status of a July Visa Bulletin adjustment case or a related application. The USCIS is reportedly working on the problem, but has not indicated when the information delays will be resolved.





    sertasheep
    04-11 04:38 PM
    Bumping this thread. Only a handful have sent an email to us. Other folks, please consider volunteering


    Ragz,

    I'm working with the WA state moderator(Raj). I'd be glad to help you in anyway I can. you will have my contact details in my profile.

    Regards



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